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X 


A  SOUVENIR 


OF  THE 


Unveiling  of  the 

Richmond  Howitzer 

Monument 


AT 


RICHMOND,  VIRGINIA, 

December  13th,  1892. 


Address  of  Mr.  Leigh  Robinson, 


WITH 


Rolls  of  the  Three  Companies  and  Lists  of  Battles. 


1893. 


.    THE  PARADE, 

AND 

THE  ADDRESS  AND  CEREMONIES. 


The  unveiling  of  the  Howitzer  monument  on  December  13, 
1892,  was  the  consummation  of  long-cherished  plans  on  the 
part  of  the  Richmond  Howitzer  Association. 

The  splendid  figure  stands  as  an  object  lesson  in  history  to 
the  descendants  of  these  -men,  whose  valiant  deeds,  no  less  than 
the  memory  of  their  comrades  who  fell  in  battle,  are  commem- 
orated by  its  graceful  lines. 

The  young  cannoneer  now  stands  on  the  triangular  lot  at  the 
intersection  of  Grove  avenue  and  Harrison  street,  to  be  known 
in  all  time  as  Howitzer  Place — a  figure  of  symmetry  and  beauty, 
an  ornament  to  the  surroundings,  and  a  pleasing  object  for  the 
eye  of  every  passer-by  to  rest  upon. 

The  deeper  meaning  of  this  memorial,  so  beautifully  wrought 
in  stone  and  bronze,  was  appreciated  by  all  when  it  was  ex- 
posed to  view,  and  it  was  more  completely  responded  to  in  the 
hearts  of  the  old  Howitzers  than  any  emotion  which  has  moved 
these  veterans  for  many  a  day. 

The  occasion  was  one  of  sacred  devotion,  and,  though  the 
weather  was  unpropitious,  the  programme  was  carried  out  in 
detail  with  an  earnest  purpose  that  made  it  a  perfect  success. 

The  Howitzer  Association  and  the  Howitzer  Artillery  Com- 
pany assembled  at  the  armory  at  1:30  P.  M.,  and,  headed  by 
the  Howitzer  Band,  marched  to  the  Richmond  Theatre,  where 
the  simple,  but  highly  impressive,  ceremonies  preliminary  to 
the  unveiling  took  place.  The  lower  part  of  the  building  was 
occupied  by  the  Howitzer  Association  and  company  and  the 


Confederate  veterans  of  Lee  and  Pickett  camps.  The  dress 
circle  and  proscenium  boxes  were  filled  with  an  interested  audi- 
ence, many  of  whom  were  ladies. 

The  only  decorations  were  the  colors  of  the  artillery  and  the 
blue  banner  of  the  Association. 

Mr.  J.  B.  Moore,  president  of  the  Association,  presided,  and 
the  following  gentlemen  were  among  those  upon  the  stage  : 
Bishop  Randolph,  Hon.  J.  Taylor  Ellyson,  Judge  George  L. 
Christian,  F.  D.  Hill,  Thomas  Booker,  Carlton  McCarthy, 
Joseph  M.  Fourqurean,  W.  L.  Sheppard,  James  T.  Gray,  E. 
M.  Crump,  Captain  B.  Lorraine,  D.  S.  McCarthy,  Major  W. 
B.  Smith,  Major  H.  C.  Carter,  Colonel  John  C.  Shields,  Rev. 
W.  M.  Dame,  W.  L.  White,  Colonel  W.  E.  Cutshaw,  Colonel 
G.  Percy  Hawes,  Rev.  Dr.  W.  W.  Landrum  (chaplain  of  the 
Howitzers),  H.  M.  Starke,  R.  S.  Bosher,  Thomas  H.  Starke, 
and  others. 

The  president  introduced  Rev.  W.  M.  Dame,  who,  being  a 
minister  of  the  Episcopal  Church,  suggested  that  the  ceremo- 
nies commence  with  repeating  the  Apostles'  Creed  and  the 
Lord's  Prayer. 

This  peculiar  and  impressive  beginning  was  followed  by  an 
earnest  prayer,  the  utterances  of  which  met  with  responsive 
amens  in  the  hearts  of  every  Howitzer  present.  The  petition 
was  feeling  and  appropriate. 

Mr.  W.  L.  White  introduced  the  orator  of  the  occasion,  and 
in  doing  so  said  : 

Mr.  President,  Ladies,  and  Gentlemen: 

Proud  of  the  distinguished  honor  conferred  upon  me  by  the 
Association,  I  present  to  you  with  pleasure  and  satisfaction  the 
silver-tongued  orator  of  the  Howitzer  battalion,  as  brave  and 
chivalrous  in  war  as  he  has  become  renowned  in  peace. 

At  the  battle  of  "Bethel"  (it  will  be  remembered),  the  first 
land  engagement  of  the  war,  the  Howitzers  received  their  bap- 
tism of  fire ;  there  the  Confederates  successfully  met  and  re- 
pulsed the  Federals  with  odds  of  from  three  to  four  against 
one,  driving  them  panic-stricken  back  to  the  guns  of  ' '  Fortress 


Monroe,"  leaving  their  dead  and  wounded  upon  the  field  from 
which  they  were  driven.  Among  the  prominent  men  killed 
were  Lieutenant  Grebble,  commanding  the  Federal  artillery,  and 
Major  Winthrop,  of  Boston,  commander  of  the  famous  "Billy 
Wilson  Zouaves, ' '  and  I  may  be  pardoned  for  saying  here  that 
a  braver  man  never  drew  sword  in  any  cause.  The  next  day 
a  ' '  Flag  of  Truce ' '  was  sent  for  his  body,  with  the  inquiry 
from  General  Butler,  ' '  What  artillery  was  that  which  did  such 
magnificent  firing  and  execution  ? ' '  General  Magruder  smiled 
and  said,  ' '  Why,  sir,  it  was  nothing  but  a  parcel  of  school- 
boys, with  primers  in  their  pockets ' '  ;  and  true  it  was,  for  but 
few  of  them  had  reached  the  age  of  manhood. 

It  is  of  these  boys  and  their  heroism,,  from  Bethel  to  Appo- 
mattox, that  our  distinguished  orator  will  speak  to  you  this 
afternoon,  and  while  one  of -the  battalion  survives,  who  can  re- 
call and  recite  the  deeds  of  daring  of  the  Confederates  dead 
and  living,  it  can  never  be  said  of  the  honored  dead — 

Out  of  the  world's  way,  out  of  its  light, 

Out  of  the  ages  of  worldly  weather — 
Made  one  with  death,  filled  full  of  the  night, 

Forgotten  as  the  world's  first  dead  are  forgotten. 

We  have  read  of  the  valor  of  the  heroes  of  Marathon,  Ther- 
mopylae, and  Ancient  Macedonia,  but,  Mr.  President,  I  have 
the  honor  to  present  to  this  audience  this  afternoon  not  only  a 
gifted  orator,  but  a  "Virginian"  (to  the  manor  born),  a  How- 
itzer, and  a  hero  of  one  of  the  grandest  armies  ever  marshalled 
upon  the  field  of  battle.  To  this  large  and  cultivated  audience 
he  needs  no  further  introduction,  and  I  present  to  you  Mr. 
Leigh  Robinson,  an  adopted  citizen  of  Washington  city. 

Mr.  Robinson  spoke  without  referring  to  his  manuscript,  and 
held  his  comrades  in  arms  spell-bound  for  more  than  an  hour. 
The  attention  was  breathless  except  when  references  were  made 
to  the  heroism  of  those  in  whose  memory  they  met,  and  then 
shouts  of  approval  were  heartily  given.  A  neat  compliment 
was  paid  to  Mr.  W.  L.  Sheppard,  the  artist  who  designed  the 
monument. 


6 

Mr.  Robinson  spoke  in  measured  voice,  and  it  was  only  at 
the  most  emotional  points  that  he  used  a  few  graceful  gestures 
to  enforce  the  impressiveness  of  his  words.  The  speech  was 
in  every  way  appropriate  to  and  worthy  of  the  occasion.  It 
was  as  follows  : 

My  Friends  and  Fellow- Howitzers  : 

I  cannot  better  introduce  what  I  have  to  say  than  by  the 
words  of  a  legend  of  the  East :  ' '  When  the  lofty  and  barren 
mountain  was  first  upheaved  into  the  sky,  and  from  its  eleva- 
tion looked  down  on  the  plains  below,  and  saw  the  valleys  and 
less  elevated  hills  covered  with  verdant  and  fruitful  trees,  it  sent 
up  to  Brahma  something  like  a  murmur  of  complaint.  Why 
thus  barren  ?  Why  these  scarred  and  naked  sides  exposed  to 
the  eye  of  man  ?  And  Brahma  answered  :  The  very  light  shall 
clothe  thee,  and  the  shadow  of  the  passing  cloud  shall  be  as  a 
royal  mantle.  More  verdure  would  be  less  light.  Thou  shalt 
share  in  the  azure  of  heaven,  and  the  youngest  and  whitest 
cloud  of  the  summer's  sky  shall  nestle  in  thy  bosom.  Thou 
belongest  half  to  us," 

"So  was  the  mountain  dowered,  and  so,  too,"  adds  the 
legend,  ' '  have  the  loftiest  minds  of  men  been  in  all  ages  dow- 
ered. To  lower  elevations  have  been  given  the  pleasant  ver- 
dure, the  vine,  and  the  olive.  Light,  light  alone,  and  the 
deep  shadow  of  the  passing  cloud — these  are  the  gifts  of  the 
prophets  of  the  race." 

And  so,  I  will  add,  so  is  it  with  the  eminences  of  self-sacri- 
fice. Out  of  convulsive  wrestle  are  they  lifted.  The  winds 
and  the  rains  contemn  them.  The  hail  strips  them  bare.  The 
lightning  by  which  they  are  torn  is  their  scepter.  The  tents 
of  the  tempest  are  pitched  on  all  their  summits  of  endeavor, 
and  the  deep  scar  of  the  tempest  signed  upon  their  brow  is 
their  diadem.  And  yet,  as  the  mountains  are  the  backbone  of 
the  earth,  and  put  their  own  chains  on  the  continents  which 
anchor  to  them,  making  our  earth  an  earth  of  mountains,  so 
from  age  to  age  the  true  heart  rallies  to  the  moral  eminences 
of  which  I  speak.     All  that  is  soundest  in  us  clings  with  a  vol- 


untary  homage  to  the  suffering  heights.  Consciously  or  uncon- 
sciously the  high  instinct  of  mankind  receives  their  lofty  yoke. 
Heaven  and  earth  mingle  on  their  summits.  Over  the  wide 
landscape  of  humanity  falls  the  eloquence  of  their  light  and 
their  shadow.  Infinitely  true  is  it,  ' '  To  bear  is  to  conquer. ' ' 
Never  was  constancy  so  perfect  and  so  pure  as  that  of  the 
people  of  the  South  to  their  warriors.  For  once  gratitude  to 
the  past  is  not  inspired  by  the  hope  of  favors  to  come.  The 
mercenary  motive  is  curiously  absent.  The  knee  which  bends, 
the  heart  which  throbs,  is  the  welcome  of  respect  to  the  intrin- 
sically worthy — the  unbought  homage  never  truly  known,  save 
by  virtue  in  misfortune,  when  like  a  queen,  but  like  a  queen  in 
exile,  she  counts  the  number  of  her  suitors  by  the  poverty  of 
her  reward.  This  is  the  proud  pathos  of  defeat  with  honor. 
Thus  heroes  conquer  even  in  their  fall.  So  reign  their  ashes, 
"dead,  but  sceptered." 

THE  STORY'S  PURITY. 

It  were  sad  indeed  if  no  word  could  be  spoken  in  behalf  of 
that  ' '  story' s  purity, "  the  justification  whereof  is  now  removed 
from  the  forum  of  arms  to  the  bar  of  history  and  the  scales  of 
time  and  truth.  The  story  of  anti-slavery  agitation  to-day 
is  written  for  the  world  by  the  enemies  of  the  South,  and  truth 
is  not  always  the  weapon  of  their  choice.  We  are  the  camp  of 
slaves  ;  they  are  the  camp  of  freedom.  The  victor  is  wont  to 
have  his  own  pleasant  version  of  the  cause,  which  has  been  ac- 
cepted by  stoic  fate,  if  not  by  Cato's  justice.  That  in  the  middle 
of  the  nineteenth  century  there  were  many  opposed  to  slavery 
is  certainly  no  matter  for  surprise,  and  as  little  for  condemna- 
tion. It  may  seem,  indeed,  a  slight  inconsistency  that  every 
one  of  the  colonies  which  joined  in  the  Declaration  of  Inde- 
pendence was  at  the  time  a  slave-holding  colony.  Neverthe- 
less it  is  the  fact  that  each  shared  a  common  responsibility 
therefor,  which  differed  in  degree  with  the  differing  utility 
thereof.  The  issue  between  the  North  and  the  South  was  not 
so  much  an  issue  between  freedom  and  slavery,  as  the  issue 
whether  those  who  had  formed  a  federal  compact  with  slave- 


8 

holding  States,  upon  an  agreement  not  to  interfere  with  their 
slaves,  had  any  greater  right  to  do  so,  than  they  had  in  the 
case  of  Cuba  and  Brazil,  with  whom  they  had  no  such  com- 
pact. The  supreme  issue  was  whether  the  United  States  Gov- 
ernment was  one  of  such  unlimited  authority  that  it  could  do 
what  it  pleased,  by  giving  fine  names  to  usurpation,  as,  when 
the  guest  at  a  hotel  complains  that  the  brand  he  wants  has  not 
been  brought,  the  waiter  before  his  eyes  rubs  off  the  undesired 
label  and  puts  on  the  desired  one.  The  real  issue  was  whether, 
under  the  fine  name  of  " general  welfare,"  the  whole  power  of 
the  Government  could  be  perverted  to  private  welfare,  and 
whether,  in  keeping  with  the  Federal  compact,  under  the  fine 
name  of  freedom,  commonwealths  could  be  extinguished.  So 
far  as  slavery  was  concerned,  a  century  hence  history  will 
chiefly  discover  a  race  between  the  very  lightly  and  very 
heavily  encumbered,  and  the  great  self-applause  of  the  former 
that  they  were  the  first  to  reach  the  goal.  It  is  not  so  exact  to 
say  that  slavery  in  the  South  was  the  cause  of  the  war,  as  to  say 
that  it  afforded  an  opportunity  for  the  war.  It  is  proper  to 
bear  in  mind  the  abrupt  revolution  of  society  which  was  de- 
manded by  those  who  would  be  themselves  unaffected  by  the 
revolution. 

The  first  book  of  Justinian,  which  gives  us  our  definition  of 
justice — -justitia  est  constans  et  perpetua  voluntas  jus  suunt 
cuique  tribuendi — gives  also  the  derivation  of  slavery — servi 
autem  ex  eo  appellati  sunt  quod  imperatores  captivos  vendere, 
ac  per  hoc  servare  non  occidere  solent;  qui  etiam  mancipia  dicti 
sunt,  eo  quod  abhostibus  manu  capiuntur.  A  strong  man  has 
his  antagonist  at  his  mercy,  is  able  to  take  the  life  of  him  ; 
rather  than  suffer  him  to  live  antagonist  will  do  so.  In  human- 
ity's great  internecine  war,  wherein  survival  is  conquered  by 
exterminating  hostility,  root  and  branch,  the  conqueror  leads 
back  the  captive  of  his  spear.  Their  relations  are  those  of 
victor  and  victim.  The  fact  of  supremacy  has  been  settled  and, 
by  the  rule  of  primitive  war,  one  life  is  forfeit  to  the  other. 
When,  then,  the  victor  did  not  slay,  but  spared  the  victim  and 
suffered  him  to  live,  not  as  a  rival,  to  be  sure,  but  as  subject ;  to 


9 

retributively  serve  in  return  for  the  life  which  had  been  donated, 
and  was  gratuity — it  was  the  very  charity  of  a  redeeming  gos- 
pel, breaking  through  the  crust  of  "  old  dispensations,"  of  an 
eye  for  an  eye  and  a  tooth  for  a  tooth,  tempering  with  the  hand 
of  mercy  the  iron  hand.  It  is  not  extravagant  to  say  that  this 
was  the  first  redeeming  sign  in  the  storm  and  terrible  joy  of 
war.  The  stronger  included  the  weaker ;  the  two  were  co- 
operant;  social,  not  dissocial.  Their  blows,  no  longer  rival, 
rang  in  unison,  each  sending  the  other  farther.  It  was  a  large 
concession  to  humanity  when  Caesar,  at  the  battle  of  Pharsalia, 
granted  permission  to  every  man  in  his  army  to  save  one 
enemy.  Only  the  nomad  life  existed  until  servitude  existed. 
The  ' '  mighty  hunter ' '  had  no  accumulated  spoil  wherewith  to 
feed  dependents.  Outside  of  his  limited,  mutable  camp  his 
hand  was  against  every  man,  and  every  man's  against  him. 
.No  civilization  could  ripen  in  the  saddle  of  the  Bedouin,  or 
under  his  restless  tents.  He  neither  plants  nor  builds.  That 
which  to-day  were  the  incurable  evil  of  society — that  it  be  sta- 
tionary— in  the  beginning,  was  the  one  anchor  of  hope  ;  that 
the  human  group  should  stay  in  one  place  long  enough  to  catch 
the  contagion  of  humanity.  Property  in  the  soil  arose  with 
property  in  man.  All  progress,  all  empire,  all  the  law,  and 
all  the  piety  of  the  ancient  times  grew  up  around  this  centre. 
Competition,  as  a  motive  force,  is  about  coeval  with  the  im- 
pulses thrown  into  the  great  world  scales  by  the  voyage  of 
Columbus.  Voluntary  co-operation  has  just  begun.  There 
was  no  permanent  property  until  there  was  permanent  force, 
nor  continuous  production  until  there  was  servitude.  This  was 
the  inexorable  necessity  of  civilized  life.  Prior  to  it  man  can- 
not be  said  to  have  even  lived  by  bread.  But  by  it  man  planted 
himself  behind  the  stone  wall,  on  which  has  grown  the  moss  of 
ages,  and  ceased  himself  to  be  the  rolling  stone  which  gathers 
no  increase.  He  stood  upon  the  ancient  ways  and  boundaries, 
and  said  to  the  predatory  nomad  without :  ' '  Thus  far,  and  no 
farther. ' '  The  stability  of  agriculture  came  for  the  first  time 
when  men  could  be  fastened  to  the  soil  and  forced  to  work  it ; 
when  unanimity  of  labor  had  been  acquired. 


10 

The  army  of  labor,  like  the  army  of  battle,  was  first  victori- 
ous when  it  poured  its  sinew  and  its  fire  from  the  iron  energy 
of  a  single  will.  It  was  the  slaveholder,  and  only  the  slave- 
holder, who  could  take  up  the  fifth  part  of  the  land  of  Egypt 
and  store  it  against  the  years  of  famine.  It  was  from  agricul- 
ture that  the  city  sprang  ;  after  which  man  was  no  longer  de- 
pendent, like  the  wild  beast,  upon  the  lair  of  nature.  The  first 
great  stride  of  progress  which  carried  man  to  civilized  perma- 
nence was  borne  upon  the  back  of  slaves.  However  rude, 
however  violent  this  origin,  the  substance  of  it  was  the  protec- 
tion by  strength  of  weakness,  which  could  not  save  itself,  and 
the  unconditional  service  of  that  weakness  to  its  only  savior. 
Slavery  meant  salvation. 

BASIS  OF  CIVILIZATION. 

On  this  agricultural  basis  and  organized  social  strength  all 
ancient  civilization  was  reared,  and  on  this  same  organiza- 
tion modern  Europe  had  been  formed.  For  six  thousand 
years  slavery  had  been  the  customary  law  of  the  civilized 
world.  Undoubtedly  the  elements  existed  of  another  structure 
of  society,  which  may  be  considered  to  have  been  prophesied 
from  the  beginning  by  the  very  nature  of  a  being  organized  to 
communicate,  and  still  more  certainly  included  in  the  realiza- 
tion of  the  era  which  displaced  Caesar's  tribute.  This  is  the 
movement,  much  retarded,  oft  reversed,  but  the  inevitable, 
and,  on  the  whole,  invincible,  movement  toward  the  reign  of 
commerce.  But  the  retirement  and  disappearance  of  the  old 
supremacy  has  been  a  very  slow  retreat — inch  by  inch  stub- 
bornly contested.  Not  until  the  memory  of  men  now  living 
did  the  scepter  decisively  pass  from  the  agricultural  dominion, 
and  slavery  was  not  doubtful  until  that  scepter  began  to  waver. 
In  1713  the  twelve  judges  of  England,  headed  by  Chief-Justice 
Holt,  replied  to  the  Crown :  "In  pursuance  of  His  Majesty's 
order  in  counsel,  hereunto  annexed,  we  do  humbly  certify  our 
opinion  to  be  that  negroes  are  merchandise."  During  the 
whole  of  the  eighteenth  century  England  reserved  to  herself, 
by  the  treaty  of  Utrecht,  the  monopoly  of  importing  negroes 


11 

to  all  the  Spanish  colonies — that  is  to  say,  to  nearly  all  South 
America.  The  fact  is  noted,  by  the  annotator  of  Talleyrand' s 
Memoirs,  that  when  the  English  colonies  had  a  proportion  of 
twenty  blacks  to  one  white,  it  occurred  to  them  to  be  indignant 
at  the  immorality  of  the  traffic.  The  declaration  that  the  slave 
trade  was  repugnant  to  universal  morals  was  signed  by  the 
European  Powers,  for  the  first  time,  at  the  Congress  of  Vienna, 
and  not  then  by  Portugal  or  Spain. 

But,  such  is  the  irony  of  fate !  there  was  one  country  of  the 
world,  and  that  a  purely  agricultural  dominion,  which,  in  the 
eighteenth  century,  opposed  itself  to  slavery  with  all  the  power 
it  could  wield.  That  country  was  Virginia,  the  patriarch  of 
the  colonies.  Slavery  had  been  forced  upon  Virginia,  and  in 
the  teeth  of  her  remonstrance,  by  the  arbitrary  power  of  Great 
Britain.  Twenty-three  statutes  were  passed  by  the  House  of 
Burgesses  to  prevent  the  importation  of  slaves,  and  all  were 
negatived  by  the  British  king.  Virginia  was  the  first  State 
to  prohibit  the  slave  trade,  under  heavy  penalties.  The  only 
qualification  to  this  statement  is  that  Georgia,  under  Orgle- 
thorpe,  did  prohibit  the  introduction  of  African  slaves  until 
1752,  when  the  proprietors  surrendered  the  charter  and  it  be- 
came part  of  the  Royal  Government.  In  1749,  the  evangelist 
Whitfield  wrote:  "One  negro  has  been  given  me;  some 
more  I  propose  to  purchase  this  week."  "This  confirms  me 
in  the  opinion  that  Georgia  never  can  be  a  flourishing  prov- 
ince without  negroes  are  allowed. " *     In  the  midst  of  the  Revo- 

*At  an  early  period,  permission  was  given  to  any  Connecticut  planter,  injured  by 
an  Indian,  "to  ship  him  to  the  West  Indies  and  exchange  him  for  neagers."  In 
1759,  the  legal  representatives  of  the  eminent  moralist,  metaphysician,  and  divine, 
Jonathan  Edwards,  of  Connecticut,  by  a  bill  of  sale,  and  for  a  valuable  considera- 
tion, transferred  the  title  to  two  negro  slaves,  viz.,  Jo  and  Su  his  wife,  "which 
slaves  were  lately  the  proper  goods  of  said  Jonathan  Edwards,  deceased,  and  were 
by  him  bought  of  one  Hezekiah  Griswold,  of  Windsor ;  and  we,  the  said  Timothy 
Dwight,  Jr  ,  and  Timothy  Edwards,  do  covenant,"  &c.  In  1764,  when  the  sugar  act 
was  threatened  by  the  British  Government,  the  merchants  of  Boston  and  the  mer- 
chants of  New  London  remonstrated  against  the  act,  for  the  reason,  amongst  others, 
that  it  prevented  the  exportation  of  "  rum  distilled  here  to  Africa  to  purchase  slaves 
for  the  West  India  market."  One  of  the  Senators  of  Rhode  Island,  in  1821,  James 
D' Wolf,  was  himself  largely  engaged  in  the  slave  trade,  and  resigned  his  seat  in  1825, 
that  he  might  remove  to  Havana  to  become  the  president  of  a  slave-trading  com- 
pany. 


12 

lution,  as  early  as  October,  1778,  the  law  of  Virginia  went  forth 
that  thereafter  no  slaves  should  be  imported  by  sea  or  land  into 
the  jurisdiction  of  her  Commonwealth.  One  of  'her  first  acts, 
when  she  had  shaken  from  her  the  power  of  the  throne,  was 
to  write  that  edict  of  emancipation  for  territory  of  her  own, 
which  she  ever  denied  was  in  the  power  of  any  one  to  write 
for  her.  She  wrote  it  for  the  territory  which  her  enterprise  and 
valor  had  wrested  from  the  grasp  of  France.  Whatever  she 
might  choose  to  do  herself,  it  were  hard  to  conceive  a  more 
arrogant  claim  than  that  the  North  could  deprive  her  of  an 
equal  right  in  the  territory  of  her  own  donation.  Even  in  re- 
spect to  this  territory,  the  agreement  of  Virginia  was  without 
any  equivalent  whatever,  and  the  ordinary  principles  of  nudum 
pactum  might  have  been  applied  to  it.  The  Treaty  of  Inde- 
pendence with  Great  Britain,  in  1783,  carefully  stipulated  that 
the  British  should  not  carry  away  "any  negroes  or  other  prop- 
erty of  the  American  inhabitants,"  as  afterwards  the  Treaty  of 
Ghent,  in  1814,  spoke  of  "slaves  or  other  private  property." 
At  the  former  period,  certainly,  no  authoritative  expression  of 
the  thirteen  colonies  would  have  denied  that  there  was  prop- 
erty in  man.  It  is  true,  that  in  those  States  where  negro  labor 
was  unfriended  by  the  climate,  and  therefore  unprofitable  to 
the  master,  the  slaves  were  few,  and  at  the  date  of  the  Consti- 
tution slavery  had  virtually  worn  out  in  Massachusetts.  This 
influence  of  soil  and  climate,  following  in  the  tow  of  the  subtler 
and  deeper  force  now  swiftly  growing  to  man's  estate — the  ris- 
ing force,  one  might  say,  the  rising  world  of  commerce — these 
potent  persuasions  were  already  combining  to  force  the  issue 
between  the  former  and  the  latter  reign.  The  Constitution  of 
the  United  States  was,  therefore,  a  distinct  bargain  between  the 
North  and  the  South  for  the  security  of  slave  property  ;  for 
which  a  redundant  consideration  was  received  by  the  former, 
in  the  control  and  regulation  of  commerce,  by  a  simple  ma- 
jority, instead  of  a  two-thirds  vote.  From  Virginia  came  the 
chief  opposition  to  the  continuance  of  the  slave  trade.  That 
trade  was  continued  for  twenty  years,  not  by  the  vote  of  the 
solid  South,  but  of  a  solid  New  England.      "  Twenty  years, " 


13 

exclaimed  Madison,  ' '  will  produce  all  the  mischief  that  can  be 
apprehended  from  the  liberty  to  import  slaves. ' '  And  George 
Mason  rebuked  the  melancholy  choice  of  Mammon,  for  that 
"some  of  our  Eastern  brethren  had,  from  a  lust  of  gain,  en- 
gaged in  this  nefarious  traffic."  With  a  prophet's  majesty  he 
implored  the  South  to  reject  the  provision  extorted  as  a  price 
of  this  concession,  the  provision  to  pass  commercial  laws  by 
simple  majorities.  This,  he  said,  "would  be  to  deliver  the 
South,  bound  hand  and  foot,  to  the  Eastern  States,  and  enable 
them  to  say,  in  the  words  of  Cromwell  on  a  certain  occasion  : 
'  The  Lord  hath  delivered  them  into  our  hands. '  ' ' 

A  NEFARIOUS  TRAFFIC. 

Public  opinion  had  as  yet  experienced  no  violent  displace- 
ment as  to  the  merchantable  quality  of  negroes,  for  the  very- 
States  in  which  slavery  itself  had  ceased,  or  was  ceasing  to  exist, 
were  those  most  actively  engaged  in  the  traffic  in  slaves.* 

In  the  original  draft  of  the  Declaration  of  Independence  Jef- 
ferson had  denounced  the  king  for  warring  against  human 
nature.  "Determined  to  keep  an  open  market  where  men 
should  be  bought  and  sold,  he  has  prostituted  his  negative  for 
suppressing  every  legislative  attempt  to  prohibit  or  to  restrain 
this  execrable  traffic,  and  that  this  assemblage  of  horrors  might 
want  no  fact  of  distinguished  dye,  he  is  now  exciting  these  very 
people  to  rise  in  arms  amongst  us  and  to  purchase  that  liberty 
of  which  he  had  deprived  them,  by  murdering  the  people  on 
whom  he  has  obtruded  them. ' '  This  denunciation  was  stricken 
out  partly  in  deference  to  South  Carolina  and  Georgia.  ' '  But, ' ' 
adds  Jefferson,  "our  Northern  brethren  also,  I  believe,  felt  a 

*A  dispatch  from  Hartford,  Conn.,  to  the  Boston  Herald  says :  Many  of  Connecti- 
cut's old-time  Abolitionists  have  greeted  Jason  Brown,  son  of  John  Brown,  the  mar- 
tyr of  Harper's  Ferry,  who  has  been  visiting  here  for  two  or  three  days  past.  *  * 
In  referring  to  the  slavery  question  he  gives  this  significant  opinion :  "  I  believe  that 
slavery  was  a  sectional  evil,  and  that  the  people  of  the  North  were  as  much  to  blame 
for  its  long  continuance  as  the  people  of  the  South.  Why?  Because  the  old  slave 
States  of  Massachusetts,  Connecticut,  Rhode  Island,  New  York,  and  Pennsylvania, 
when  they  found  slavery  no  longer  profitable,  sold  their  slaves  to  other  people  of  the 
South  and  pocketed  the  money.  To  be  sure,  a  few  liberated  their  slaves— notice- 
ably, the  Quakers."— Baltimore  Sun,  June  2, 1891. 


14 

little  tender  under  these  censures,  for  though  their  people  had 
very  few  slaves  themselves,  yet  they  had  been  pretty  consid- 
erable carriers  of  them  to  others."  But  no  similar  tenderness 
had  operated  to  exclude  the  substance  of  this  protest,  from  the 
preamble  to  the  Constitution  of  Virginia,  which  had  been  adopted 
the  preceding  month,  and  which,  among  other  perversions  of 
the  kingly  office,  which  justified  the  separation  and  independ- 
ence of  Virginia,  alleges  this  :  "By  prompting  our  negroes  to 
rise  in  arms  among  us,  those  very  negroes,  whom  by  an  inhu- 
man use  of  his  negative,  he  hath  refused  us  permission  to 
exclude  bylaw."  The  importation  of  slaves  into  the  South 
was  continued  by  Northern  merchants  and  Northern  ships 
until  it  was  prohibited  by  the  spontaneous  action  of  the 
Southern  States  themselves,  which  preceded  or  was  contem- 
poraneous with  the  legislation  of  Congress  in  1807.  Ante- 
cedent to  the  adoption  of  the  Constitution,  South  Carolina 
passed  an  act  prohibiting,  under  severe  penalties,  the  importa- 
tion of  negroes  from  Africa.  In  1803  this  act  was  repealed,  for 
the  reason  assigned  in  Congress  by  Mr.  Lowndes,  that  it  was 
impossible,  without  aid  from  the  General  Government,  "to 
prevent  our  Eastern  brethren  from  introducing  them  into  the 
country.  Had  we  received,"  he  said,  "  the  necessary  aid  from 
Congress,  the  repeal  would  never,  in  my  opinion,  have  taken 
place.  *  *  *  *  I  wish  the  time  had  arrived  when  Con- 
gress could  legislate  conclusively  on  the  subject."  I  fail  to  find 
the  evidence  that  property  in  man  was  an  obnoxious  doctrine 
at  the  North  until  property  in  man  wholly  ceased  there  to  be 
lucrative.  Small  as  the  number  of  slaves  necessarily  was  to 
the  north  of  Maryland,  in  several  of  them  slavery  existed  for 
more  than  fifty  years  after  the  adoption  of  the  Constitution. 
Where  the  interest  was  so  limited  and  the  emancipation  so 
gradual  no  great  shock  to  society  could  well  occur,  especially 
as  in  the  bulk  of  cases  the  emancipator,  with  no  qualms  of  con- 
science whatever,  received  the  full  value  of  his  slaves  from  those 
who  bought  them.  The  historian,  Bancroft,  is  authority  for 
the  statement  that  more  slaves  were  emancipated  by  last  will 
and  testament  in  Virginia  than  were  ever  set  free  in  Pennsyl- 


15 

vania  or  Massachusetts.*  Moreover,  emancipation  in  the  North, 
when  it  came,  was  accompanied  by  no  recognition  of  equality. 
Prior  to  1861  no  negro  in  Massachusetts  had  ever  been  a  mem- 
ber of  its  Legislature,  or  served  upon  the  jury  or  in  the  militia, 
or  been  appointed  to  any  office  beyond  one  of  menial  grade. 
This  was  freedom  with  the  recognition  and  opportunity  of  free- 
dom severely  omitted — "the  name  of  freedom  graven  on  a 
heavier  chain" — heavier  because  it  was  the  expression  of  a 
more  invincible  barrier  than  that  of  law,  and  breathed  a  more 
superlative  scorn.  In  the  second  volume  of  his  commentaries 
Chancellor  Kent  thus  describes  the  relation  of  the  races  :  ' '  The 
Africans  are  essentially  a  degraded  caste  of  inferior  rank  and 
condition  in  society.  Marriages  are  forbidden  between  them 
and  the  whites  in  some  of  the  States,  and,  when  not  absolutely 
contrary  to  law,  they  are  revolting  and  regarded  as  an  offense 
against  public  decorum.  By  the  Revised  Statutes  of  Illinois, 
published  in  1829,  marriages  between  whites  and  negroes  or 
mulattoes  are  declared  void,  and  the  persons  so  named  are 
liable  to  be  whipped,  fined,  and  imprisoned.  By  an  old  statute 
of  Massachusetts  of  1705  such  marriages  were  declared  void, 
and  are  so  still. ' '  This  summary  was  cited  and  corroborated  by 
the  Chief  Justice  of  Connecticut  as  late  as  1834.  f  The  Supreme 
Court  of  Pennsylvania  decided  in  1837  that  a  negro  or  mulatto 
was  not  entitled  to  exercise  the  right  of  suffrage.  It  was  not 
until  July  4,  1827,  that  New  York  was  ranked  among  the  free 
States,  and  when  the  Constitution  of  1846  was  adopted  negro 
suffrage  was  negatived  by  a  vote  of  four  to  one.  As  late,  cer- 
tainly, as  the  date  of  the  Dred  Scott  decision  the  Constitution  of 
New  Jersey  restricted  the  right  of  suffrage  to  all  white  persons. 

SLAVERY  IN  THE  SOUTH. 

This  course  of  legislation  in  the  North  illustrated  the  recog- 
nized discrepancy  of  the  races.  Statute  did  not  confer  it,  and 
statute  could  not  take  it  away.  Slavery  in  the  South  rested 
upon  the  natural  supremacy  of  the  white  race  over  the  black, 

*  Bancroft's  History  United  States,  Centennial  edition,  vol.  VI,  p.  304. 
■fOrandall  v.  The  State,  10  Conn.  346. 


16 

and  the  total  and  inevitable  disqualification  of  the  latter  for  an 
equal  struggle  with  the  former.  Labor  in  the  South,  unlike 
Oriental  bondage,  Roman  servitude,  and  feudal  villanage,  was 
not  the  subjection  of  equals,  differing  in  opportunity,  but  the 
subjection  of  one  extreme  of  humanity  to  the  other,  of  the  most 
abject  to  the  most  enlightened.  The  real  inequality  of  the  races 
had  made  subordination  prescriptive.  No  higher  encomium 
could  possibly  be  pronounced  upon  the  practical  beneficence 
of  Southern  institutions  than  the  one  tacitly  sanctioned  by  the 
last  amendment,  viz  :  that  they  had  been  sufficient  to  educate 
the  lowest  of  earth's  savages  to  take  his  place  among  the  high- 
est of  earth's  freemen.  As  population  increases  it  becomes 
cheaper  to  hire  labor  than  to  buy  or  own  it;  or,  borrowing  the 
phrase  of  Carlyle,  to  hire  for  years  rather  than  for  life.  The 
labor  of  slavery  ceases  to  be  worth  the  capital  involved  in  its 
support.  The  coercion  of  authority  is  replaced  by  the  coercion 
of  want,  and  the  obligation  to  protect  by  the  liberty  to  oppress. 
Nothing  could  be  truer  or  wiser  than  that  which  was  said  by 
John  Randolph  in  the  Senate  of  the  United  States:  ' '  The  natu- 
ral death  of  slavery  is  the  unprofitableness  of  its  most  expensive 
labor.  *  *  *  The  moment  the  labor  of  the  slave  ceases  to 
be  profitable  to  the  master — or  very  soon  after  it  has  reached 
that  stage — if  the  slave  will  not  run  away  from  the  master,  the 
master  will  run  away  from  the  slave  ;  and  this  is  the  history  of 
the  passage  from  slavery  to  freedom  of  the  villanage  of  Eng- 
land." 

The  reasons  of  geography  and  worldly  gain,  which  created 
such  divergence  of  destiny  North  and  South,  are  given  by  Judge 
McLean,  in  his  dissenting  opinion  in  the  Dred  Scott  case  : 
' '  Many  of  the  States,  on  the  adoption  of  the  Constitution,  or 
shortly  afterwards,  took  measures  to  abolish  slavery  within  their 
respective  jurisdictions,  and  it  is  a  well-known  fact  that  a  belief 
was  cherished  by  the  leading  men,  South  as  well  as  North,  that 
the  institution  of  slavery  would  gradually  decline  until  it  would 
become  extinct.  The  increased  value  of  slave  labor,  in  the  cul- 
ture of  cotton  and  sugar,  prevented  the  realization  of  their  ex- 
pectations.    Like  all  other  communities  and  States,  the  South 


17 

was  influenced  by  what  they  considered  their  own  interests.'7 
The  peculiarity  of  the  situation  was,  that  while  the  people  of 
the  South  were  acting  "like  all  other  communities  and  States," 
they  were  abused  and  accused  as  though  none  other  had  ever 
been  so  wicked,  and  as  though  their  abusers  and  accusers  had 
ever  lived  void  of  offense  before  God  and  man.  The  accusers, 
who  had  so  comfortably  purged  themselves  of  their  own  sins,  suf- 
fered such  a  very  brief  interval  to  elapse  before  arraying  them- 
selves in  their  white  raiment  for  the  excommunication  of  others, 
who,  it  is  true,  had  moved  more  slowly,  but  had  so  very  much 
more  difficulty  to  overcome  and  expediency  to  resist.  One 
cannot  but  recall  that  which  is  narrated  of  Zachary  Macaulay 
(the  father  of  Thomas  Babington),  who  made  a  fortune  in  the 
slave  trade,  and,  when  that  was  done,  joined  the  anti-slavery 
people,  and  secured  some  handsome  appointments  by  attacking 
the  aforesaid  business.  It  was  well  said,  on  the  floor  of  the 
Virginia  Legislature,  by  John  Thompson  Brown,  in  an  answer 
to  English  invective  :  ' '  They  sold  us  these  slaves — they  as- 
sumed a  vendor's  responsibility — and  it  is  not  for  them  to  ques- 
tion the  validity  of  our  title. ' '  And  it  was  equally  relevant  to 
say  to  some  others  :  ' '  Your  position  involves  the  right  of  a 
grantor  to  revoke  a  grant,  without  the  consent  of  the  grantee 
for  value,  and  the  right  of  one  party  to  a  compact  to  retain  the 
whole  consideration  moving  to  him  while  repudiating  every 
other." 

MR.  JEFFERSON'S  SCHEME. 

A  scheme  of  gradual  emancipation  had  been  proposed  by 
Jefferson  as  early  as  1776,  and  the  general  scheme  of  it  ap- 
proved by  the  convention  which  framed  Virginia's  Constitution 
in  that  year,  but  no  action  was  taken,  because  "the  public 
mind  would  not  yet  bear  it."  "Nothing,"  wrote  Jefferson, 
'  •  is  more  certainly  written  in  the  Book  of  Fate  than  that  these 
people  are  to  be  free;  nor  is  it  less  certain  that  the  two  races, 
equally  free,  cannot  live  in  the  same  government.  Nature, 
habit,  opinion,  have  drawn  indelible  lines  of  distinction  be- 
tween them."  Here  plainly  was  a  difficult  air  for  statesman - 
2 


18 

ship  to  breathe,  a  problem  which  might  well  vex  the  noblest. 
By  what  bond,  other  than  the  one  existing,  could  darkest 
Africa  and  free  America,  the  antipodes  in  race  as  in  geography, 
dwell  side  by  side  in  useful  co-operation  ?  Whatever  might  be 
written  in  the  Book  of  Fate,  when  it  was  equally  legible  that 
the  two  races  equally  free  could  not  live  in  the  same  govern- 
ment, what  was  the  solution  ?  This,  on  a  very  different  scale 
from  anything  which  ever  existed  in  the  North,  was  the  problem 
which  confronted  the  South,  springing  from  no  choice  or  voice 
of  her  own,  but  against  her  choice  and  against  her  voice.  In 
1830  there  were  movements  in  Tennessee,  Kentucky,  Mary- 
land, and  Virginia  for  the  gradual  emancipation  of  their  slaves, 
and  the  movement  in  Virginia  had  nearly  succeeded.  It  was 
the  aggression  of  the  abolitionists  which  arrested  the  move- 
ment in  all  these  States.* 

GRADUAL  EMANCIPATION. 

Connecticut  will  serve  to  illustrate  the  simplicity  of  the  prob- 
lem encountered  at  the  North.  In  1784  a  scheme  of  gradual 
emancipation  was  enacted  for  the  slaves — some  3,000  in  num- 
ber— then  in  the  State. 

It  was  not  until  1848  that  the  emancipation  of  this  small 
number  was  completed.  Down  to  1848,  by  the  law  of  the 
State,  slaves  were  chattels,  which  could  be  sold  by  legal  pro- 
cess, and  which  were  assets  in  the  hands  of  an  executor.  Grad- 
ual as  this  emancipation  was,  the  preamble  to  the  act  of  1784 
declares  that  it  was  as  soon  as  it  could  be  done,  ' '  consistent 

*"The  States  of  Virginia,  Kentucky,  and  Tennessee  were  engaged  in  practical 
movements  for  the  gradual  emancipation  of  their  slaves.  This  movement  continued 
until  it  was  arrested  by  the  aggressions  of  the  Abolitionists  upon  their  voluntary 
action.  This  action  was  prompted  by  economical,  rather  than  moral  reasons.  The 
Abolitionists,  however,  refused  to  accept  an  impending  fact,  and  insisted  upon  con- 
victing as  criminals  those  who  were  so  well  disposed  to  bring  about  the  very  result 
at  which  they  themselves  professed  to  aim.  The  consequences  were  such  as  might 
have  been  reasonably  expected.  Promised  emancipation  refused  to  submit  itself  to 
hateful  abolition.  Those  three  border  States  placed  themselves  at  once  upon  the 
Virginia  and  Kentucky  resolutions  of  1798,  and,  resenting  as  an  insult  the  interfer- 
ence of  the  Northern  intruders,  abandoned  the  scheme  which  a  calm  view  of  con- 
siderations, tending  to  their  own  future  welfare,  had  induced  them  to  form." — Ori- 
gin of  the  Late  War.    George  Lunt,  Boston,  p.  SU. 


19 

with  the  rights  of  individuals  and  public  safety."  What  <{ in- 
dividual right, ' '  what  ' '  public  safety ' '  was  ever  cared  for  by 
the  inimical  commonwealths  which  banded  with  such  zeal  for 
the  reproof  and  edification  of  the  South  ?  Having  no  longer 
sins  of  their  own  to  repent  of,  there  was  nothing  left  for  them 
to  do  but  to  repent  day  and  night  of  the  wickedness  of  the 
South.  There  were,  however,  alleviations  to  this  kind  of  re- 
pentance which  reduced  its  heroic  dimensions.  It  was  a  vica- 
rious transaction  which  eluded  altogether  the  crown  of  thorns 
for  the  angels  of  repentance,  and  plaited  it  exclusively  for  the 
brows  of  them  whose  sins  they  ransomed.  They  repented 
proudly.  One  might  speculate  as  to  what  might  have  been  the 
effect  upon  their  trivial  task  had  Canada  possessed  the  power 
and  disposition  to  play  their  part  (with  the  unrestricted  right 
to  do  so,  which  resided  no  longer  in  the  North);  had  every 
wind  from  that  further  North  borne  the  poisoned  arrow  of  .a  hate 
which  never  slept.  Is  it  the  rule  for  men  to  be  convinced  by 
execration  and  imprecation?  It  were  a  severe  task  upon 
credulity  to  be  expected  to  believe  that  the  benevolence  which 
referred  to  slaveholders  as  "bloodhounds,"  and  to  their  com- 
munity as  the  "small-pox,"  seriously  desired  to  convert  the 
sinners  so  approached.  If  missionaries  thus  approach  the 
heathen  their  rate  of  progress  is  accounted  for.  This  was  not 
the  frame  of  mind  wherewith  to  convert  opinion,  but  was  the 
frame  of  mind  wherewith  to  persecute  opinion. 

ALMOST  PLAINTIVE. 

There  is  something  almost  plaintive  in  the  reply  of  Henry 
Clay  to  Mr.  Mendenhall.  It  was  as  meek  as  an  imperious 
spirit  knew  how  to  be  :  "  Without  any  knowledge  of  the  rela- 
tions in  which  I  stand  to  my  slaves,  or  their  individual  condi- 
tion, you,  Mr.  Mendenhall,  and  your  associates,  who  have  been 
active  in  getting  up  this  petition,  call  upon  me  forthwith  to 
liberate  the  whole  of  them.  Now,  let  me  tell  you,  that  some 
half  dozen  of  them,  from  age,  decrepitude,  or  infirmity,  are 
wholly  unable  to  gain  a  livelihood  for  themselves,  and  are  a 
heavy  charge  upon  me.     Do  you  think  that  I  should  conform 


20 

to  the  dictates  of  humanity  by  ridding  myself  of  that  charge, 
and  sending  them  forth  into  the  world  with  the  boon  of  liberty 
to  end  a  wretched  existence  in  starvation  ?     *     *     * 

"I  own  about  fifty,  who  are  probably  worth  $15,000.  To 
turn  them  loose  upon  society,  without  any  means  of  subsistence 
or  support,  would  be  an  act  of  cruelty.  Are  you  willing  to 
raise  and  secure  the  payment  of  $15,000  for  their  benefit  if  I 
should  be  induced  to  free  them  ?  The  security  of  that  sum 
would  materially  lessen  the  obstacle  in  the  way  of  their  eman- 
cipation. ' ' 

But,  even  when  such  security  was  provided  by  the  slave- 
holder, the  way  was  far  from  smooth.  One  instance  occurs  to 
me,  with  which  was  associated  a  revered  relative  of  my  own. 
John  Randolph — and  I  can  never  mention  the  name  of  this 
transcendent  flame  of  genius  without  recalling  the  incalculable 
debt  which  Virginia  owes  to  his  singleness  of  heart  and  purity 
of  service — John  Randolph,  by  a  will  executed  in  the  presence 
of  Mark  Alexander  and  Nathaniel  Macon,  had  made  Judge 
William  Leigh  the  residuary  devisee  and  legatee  of  his  valuable 
estate,  subject  to  certain  specific  legacies  and  provisions.  The 
most  important  of  these  provisions  was  that  of  the  means  to 
enable  the  executor  of  the  will  to  transport  the  slaves  of  the 
estate  (set  free  by  a  previous  clause),  and  settle  them  in  some 
other  State  or  territory.  He  appointed  Judge  Leigh  his  ex- 
ecutor. The  will  was  contested  on  the  ground  of  the  mental 
unsoundness  of  the  testator.  Judge  Leigh,  well  aware  that  the 
emancipation  of  these  slaves  had  been  the  undeviating  purpose 
of  Randolph's  life,  relinquished  his  absorbing  interest  under 
the  will  that  he  might  become  a  witness  in  support  of  it,  and 
so,  at  least,  accomplish  the  particular  intent  to  which  I  have 
referred.  To  this  extent  the  will  was,  in  effect,  sustained,  and 
Judge  Leigh  was  appointed  commissioner  to  transport  and 
settle  the  negroes  as  provided  therein.  The  State  selected  for 
the  settlement  was  Ohio,  but  when  the  commissioner  landed 
his  first  interview  was  with  a  mob,  formed  to  resist  and  repel 
the  negro  settlement.  The  clearest  glimpse  of  the  state  of 
feeling  is  derived  from  the  newspapers  of  the  time. 


21 


A  NEWSPAPER  ACCOUNT. 

From  the  National  Intelligencer,  July  15,  1846  : 
"The  Cincinnati  (Ohio)  Chronicle  of  the  9th  instant  says 
that  the  emancipated  slaves  of  John  Randolph,  who  recently 
passed  up  the  Miami  canal  to  their  settlement  in  Mercer  coun- 
ty, Ohio,  met  with  a  warm  reception  at  Bremen.  The  citizens 
of  Mercer  county  turned  out  en  masse *,  and  called  a  meeting, 
or  rather  formed  themselves  into  one  immediately,  and  passed 
resolutions  to  the  effect  that  said  slaves  should  leave  in 
twenty-four  hours,  which  they  did,  in  other  boats  than  the  one 
which  conveyed  them  there.  They  came  back  some  twenty- 
three  miles,  at  which  place  they  encamped,  not  knowing  what 
to  do." 

From  the  National  Intelligencer,  July  24,  1846  : 
The  Sidney  (Ohio)  Aurora  of  the  11th  says  :  These  negroes 
(the  Randolph  negroes)  remain  on  Colonel  Johnson's  farm,  near 
Piqua.  That  paper  condemns  in  decided  terms  the  conduct  of 
the  citizens  in  Mercer  in  the  late  outbreak,  and  insists  that 
"they  should  have  made  their  objections  known  before  the 
land  was  purchased,  and  not  waited  until  they  had  drawn  the 
last  cent  they  could  expect  out  of  the  blacks — some  $32,000 — 
and  then  raised  an  armed  force  and  refused  to  let  them  take 
possession  of  their  property  as  they  have  done.  We  look  upon 
the  whole  proceeding  as  outrageous  in  the  extreme,  and  the 
participators  should  be  severely  punished.  What  makes  the 
thing  worse  is  the  fact  that  a  number  of  those,  who  were  fiercest 
in  their  oposition  to  the  blacks  and  loudest  in  their  threats  to 
shoot,  etc. ,  were  the  very  ones  who  sold  them  land,  received 
wages  for  constructing  the  buildings,  and  actually  pocketed  a 
large  amount  of  money  for  provisions,  not  two  weeks  before 
the  arrival  of  the  poor  creatures  whom  they  have  so  unjustly 
treated." 

National  Intelligencer,  August  10,  1846  : 
The  Randolph  Negroes. — The  last  Piqua  (Ohio)  Register 
says :   ' '  These  unfortunate  creatures  have  again  been  driven 


22 

from  lands  selected  for  them.  As  we  noticed  last  week,  an 
effort,  which  it  was  thought  would  be  successful,  was  made  to 
settle  them  in  Shelby  county,  but  like  the  previous  attempt  in 
Mercer  it  has  failed.  They  were  driven  away  by  threats  of 
violence.  About  one-third  of  them,  we  understand,  remained 
at  Sidney,  intending  to  scatter  and  find  homes  wherever  they 
can.  The  rest  of  them  came  down  here  to-day,  and  are  now 
at  the  wharf  in  boats.  The  present  intention  is  to  leave  them 
wherever  places  can  be  obtained  for  them.  We  presume,  there- 
fore, they  will  remain  in  the  State,  as  it  is  probable  they  will 
find  situations  for  them  between  this  and  Cincinnati." 

Natioyial  Intellige?icer,  August  15,  1846  : 

John  Randolph: 's  Negroes. — ' '  It  is  said  that  these  unfortunate 
creatures  have  been  again  driven  away  by  threats  of  violence 
from  the  lands  which  had  been  secured  for  them  in  Ohio,  and 
that  Judge  Leigh,  despairing  of  being  able  to  colonize  them  in 
a  free  State,  has  concluded  to  send  them  to  Liberia." — Rich- 
mond Republican. 

A  CONTRAST. 

The  negroes  were  finally  allowed  to  occupy  the  land  for 
which  they  had  paid  ;  but  what  a  very  invigorating  sympathy 
did  these  two  emancipators  excite  in  this  free  State  !  Here  was 
one  Virginian  who  had  emancipated  by  will  numerous  slaves, 
and  here  was  another  who  relinquished  a  large  estate  to  secure 
the  fulfillment  of  this  part  of  the  will.  The  response  to  them 
from  the  North  was  mob  violence  and  contumelious  scorn. 
What  was  a  poor  belated  Virginian  to  do  ?  If  his  slaves  went 
North  with  his  consent, .  stones  and  curses  were  good  enough 
for  them  ;  they  were  only  welcome  when  they  went  without  it. 
In  effect  it  was  said :  Your  negroes  are  intolerable  to  us ;  we 
are  not  willing  to  accept  the  companionship  of  a  very  small 
number,  even  on  the  terms  of  no  cost  to  ourselves,  and  all  their 
expenses  paid,  but  we  will  not  cease  to  weary  you  with  our 
importunity  to  set  free  and  provide  for  your  millions,  and  to  do 
it,  as  Mr.  Mendenhall  said,   "forthwith."     Crusaders  are  not 


23 

unapt  to  be  a  trifle  derelict  in  magnetism  when  their  solicitude 
is  to  convert  every  one  except  themselves. 

That  which  the  North  demanded  of  the  South,  as  their  ex- 
pository supplement  has  shown,  involved  the  admission  of  the 
improvised  freedman  to  all  those  privileges  which  in  the  land 
of  the  crusaders  had  been  so  curiously  overlooked,  including 
that  which  at  the  North  could  not  possibly  exist — the  power  at 
the  polls  to  exchange  the  barbarism  of  Africa  for  the  civilization 
of  the  United  States.  Mr.  Freeman,  in  his  "Impressions  of 
the  United  States,"  with  the  judicial  calm  which  tempers  all 
his  writings,*  has  stated  the  problem  as  it  was  and  is  presented 
to  the  South  :  ' '  There  is,  I  allow,  difficulty  and  danger  in  the 
position  of  a  class  enjoying  civil,  but  not  political  rights,  placed 
under  the  protection  of  the  law,  but  having  no  share  in  making 
the  law  or  in  choosing  its  makers.  But  surely  there  is  still 
greater  difficulty  and  danger  in  the  existence  of  a  class  of  citi- 
zens who,  at  the  polling  booth,  are  equal  to  other  citizens,  but 
who  are  not  their  equals  anywhere  else.  We  are  told  that 
education  has  done  and  is  doing  much  for  the  once  enslaved 
race.  But  education  cannot  wipe  out  the  eternal  distinction 
that  has  been  drawn  by  the  hand  of  nature.  No  teaching  can 
turn  a  black  man  into  a  white  one.  The  question  which  in 
days  of  controversy  the  North  heard  with  such  wrath  from  the 
mouth  of  the  South,  '  Would  you  like  your  daughter  to  marry 
a  nigger?  '  lies  at  the  root  of  the  matter. f  Where  the  closest 
of  human  connections  is  in  any  lawful  form  looked  on  as  im- 
possible, there  is  no  real  fellowship.  The  artificial  tie  of  citi- 
zenship is  in  such  cases  a  mockery." 

*"  Professor  Freeman's  sympathies  were  strongly  marked,  but  they  never  caused 
him  to  swerve  from  truth,  and  they  rarely  caused  him  to  swerve  from  justice."— New 
York  Nation,  April  U,  1892. 

f  For  years  the  repetition  of  this  question  has  been  the  standing  gibe  whereby  the 
missionaries  of  a  higher  culture  have  exposed  the  illogical  and  slightly  barbarian 
mental  attitude  of  the  South.  But  to  this  enlightened  scholar  the  question  seems 
to  have  several  signs  of  hereditary  intelligence. 


24 


THE  SEQUEL. 

The  sequel  has  shown  that  the  Northern  movement  meant  a 
reconstruction  of  society  which  could  only  be  made  effective 
by  force.  It  carried  in  its  wake  the  expulsion  of  a  State  legis- 
lature from  its  proper  hall  by  the  bayonets  of  the  United  States. 
It  meant,  the  emancipators  themselves  being  judge,  that  gov- 
ernment of  force  which  is  indispensable  when  nature  is  super- 
seded. It  meant  that  which  for  eight  years  we  had — a  govern- 
ment of  the  bayonet,  by  the  bayonet,  and  for  the  bayonet. 
One  who  has  gained  his  title  to  popular  applause  by  meriting 
the  title  of  ' '  Czar ' '  very  lately  renewed  his  adhesion  to  this 
very  peculiar  type  of  popular  government.  "  They  said,"  he 
exclaimed,  ' '  we  could  not  coerce  a  State.  We  coerced  eleven. 
I  wish  our  Republicans  had  more  courage,  and  we  should 
coerce  them  until  liberty  prevails  all  over  this  land."  In  one 
sense,  the  speech  is  logical.  It  is  the  reasoning  of  the  logicians 
who,  "false  to  freedom,  sought  to  quell  the  free."  Only  by 
force  bills  is  the  argument  of  the  South  refuted.  And  yet  it  is 
a  droll  idea  of  liberty  which  seeks  to  instill  its  blessings  at  the 
point  of  the  sword.  The  distinction  between  freedom  and 
despotism  grows  so  alarmingly  indistinct.  No  better  proof 
could  be  given  of  the  extent  to  which  the  movement,  vainly 
resisted  by  the  South,  has  revolutionized  free  institutions  than 
that  such  compulsory  freedom  should  have  been  the  serious 
thought  and  purposed  order  of  the  day.* 

Nevertheless,  in  the  same  year  in  which  Virginia  emancipa- 
tion was  receiving  such  cold  comfort  in  Ohio,  on  all  other  ques- 
tions, financial,  economic,  and  constructive,  the  mind  of  Thomas 
Jefferson  had  become  the  governing  mind  of  the  country.  The 
principle  of  "justice  to  all,  and  special  privileges  to  none," 
became  in  this  year  the  unmistakable  choice  of  the  States  and 
of  the  people,  and  was  dethroned  only  by  the  civil  war.     The 

*  "  What  is  all  the  noise  in  the  streets?  "  said  a  gentleman  in  the  conscription  times 
in  New  York.  "  Oh,  nothing,  sir,"  said  Pat.  "  They  are  only  forcing  a  man  to  turn 
volunteer."  Such  would  be  the  comedy  of  the  new  logic  if  its  serious  adoption  does 
not  turn  it  into  tragedy. 


25 

tariff  of  this  year  had  restored  the  revenue  standard  which, 
four  years  earlier,  had  been  displaced.  .  It  was  soon  made  mani- 
fest that  this  tariff  could  only  be  criticised  as  being  too  high, 
and  that  the  welfare  of  the  country  called  for  still  further  re- 
duction, which,  in  1857,  was  enacted.  Upon  this,  the  impor- 
tant financial  issue  of  the  time,  Massachusetts  was  seen  side  by 
side  with  Virginia — the  State  of  the  Adamses  with  the  State  of 
Jefferson.  The  country  was  thriving,  and  the  one  problem  was 
to  guide  the  natural  flow  of  prosperity  within  natural  bounds. 
The  type  of  government  which  bases  its  appeal  for  support 
upon  governmental  aids  to  special  interests,  and  alliance,  if 
not  partnership,  with  them  ;  upon  bounties  to  favored  classes, 
and  the  influence  purchased  by  such  favor  ;  had  received  a 
complete,  and,  had  it  not  been  for  the  passions  of  the  anti- 
slavery  agitation,  there  is  every  reason  to  believe,  a  final  defeat. 
From  the  time  of  the  decisive  overthrow  of  this  class  legislation 
in  1846,  and  because  of  such  overthrow,  the  country  had  pros- 
pered.* 

No  party  appeared  in  any  force  from  1846  to  1860  to  dispute 
the  salutary  tendency  of  this  legislation.  It  was  "a  condition, 
and  not  a  theory,"  which  was  thus  impregnable.  The  just  re- 
ward of  the  general  industry  did  not  stagger  under  burdens 
imposed  for  the  creation  of  excessive  dividends  to  a  few.  On 
every  legitimate  subject  of  debate  the  State  rights  administra- 
tion of  affairs  had  extorted  the  acquiescence,  if  not  the  welcome, 
of  traditional  foes.  Government  was  honestly  administered, 
and  not  honeycombed  by  the  corruption  which  is  to-day  re- 
ferred to  as  the  necessity  of  politics.  There  was  prosperity 
without  bounties  ;  trade  without  subsidies  ;  a  character  which 
could  stand  alone  and  implore  no  staff  for  either  infancy  or  old 
age.  The  winds  of  onward  movement  filled  every  sail.  The 
gallant  masts  did  not  bend  as  the  goodly  timbers  sped  forward 
with  the  goodly  freight.  The  happy  result  was  felt  of  leaving 
industry  free  ;  of  protecting,  one  might  say,  not  its  infancy 

*  "  Take  the  decade  from  1870  to  1880,  our  increase  in  general  prosperity  under  Re- 
publican high  tariff  was  about  20  per  cent.,  while  during  the  decade  from  1850  to 
1860,  under  the  Democratic  revenue  tariff,  our  general  prosperity  increased  nearly  100 
per  cent."— Speech  of  Hon.  H.  G.  Davis,  of  West  Virginia. 


26 

(and  thereby  prolonging  it),  but  its  freedom,  divested  of  re- 
straints and  unforced  by  bounties. 

THE  FORBIDDEN  FRUIT. 

Alaska  alone  excepted  (and  in  some  sense  this,  too,  was  no 
exception),  all  the  additions  to  Federal  territory  have  been 
made  under  Southern  administrations  ;  and  now,  as  the  result 
of  the  war  with  Mexico,  there  was  another,  not  inferior  to 
that  of  1803,  but  which  was,  nevertheless,  in  the  language  of 
the  South's  great  statesman,*  "  the  forbidden  fruit."  At  the 
time  of  the  Missouri  compromise,  the  prophetic  mind  of  this 
new  world  had  read  the  result  of  that  much-vaunted  business 
in  the  foundations  on  which  it  rested.  The  notes  of  alarm  fell 
upon  his  ears  like  a  "fire  bell  in  the  night,"  and  with  a  patriot's 
fire  he  translated  to  his  countrymen  the  significance  of  those 
feet,  "part  of  iron  and  part  of  clay."  "  The  leaders  of  Fed- 
eralism, defeated  in  their  schemes  of  obtaining  power  by  rally- 
ing partisans  to  the  principle  of  monarchism — a  principle  of  per- 
sonal, not  of  local  division — have  changed  their  tack  and  thrown 
out  another  barrel  to  the  whale.  They  are  taking  advantage 
of  the  virtuous  feeling  of  the  people  to  effect  a  division  of  par- 
ties by  a  geographical  line  ;  they  expect  this  will  insure  them 
on  local  principles  the  majority  they  could  never  obtain  on 
principles  on  Federalism.  *  *  *  Are  our  slaves  to  be  pre- 
sented with  freedom  and  a  dagger?"  This  was  what  Jefferson 
termed  "treason  against  human  hope."  Never  was  truer  sen- 
tence written  than  one  which  has  often  been,  but  cannot  be  too 
often  quoted  :  "A  geographical  line,  coinciding  with  a  marked 
principle,  moral  and  political,  once  conceived  and  held  up  to 
the  angry  passions  of  men,  will  never  be  obliterated,  and  every 
new  irritation  will  mark  it  deeper  and  deeper."  But  never 
was  the  power  of  persistent  misstatement  so  signally  exhibited 
as  in  the  accepted  belief  that  this  compromise,  reluctantly  as- 
sented to  by  the  South  as  one  in  derogation  of  her  rights,  was 
by  the  South  broken  and  by  the  North  kept.  The  opposition 
to  the  compromise  came  invariably  from  the  North  whenever 

*  Calhoun. 


27 

the  South  was  the  beneficiary  of  it.  It  was  the  South  which 
proposed  the  extension  of  the  line  to  the  Pacific,  and  the  North 
which  rejected  it.  The  settlement  of  1820  had  been  already 
dishonored  by  denial,  and  by  denial  from  the  North,  when,  in 
1850,  it  was  ignored  and  annulled  on  both  sides  of  the  line. 
This  was  the  exceeding  wickedness  of  the  South — to  think 
that  the  name  should  correspond  with  the  reality ;  to  think 
that  when  the  reality  had  ceased  to  exist,  the  utility  of  the 
name  was  not  excessive  ;  that  when  the  practical  operation  of 
the  compromise  had  been  repudiated  by  the  North,  with  every 
expression  of  scorn  and  contempt,  the  dead  letter  need  cumber 
the  statute  book  no  longer.  And,  after  all,  what  was  the  prac- 
tical effect  of  such  a  settlement  as  derived  from  actual  experi- 
ence. It  had  been  witnessed  in  the  case  of  New  Mexico,  the 
most  important  of  the  territories,  which  had  been  organized  for 
more  than  ten  years,  which  was  open  to  slavery  by  the  settle- 
ment of  1850 ;  whose  climate  was  suitable,  which  adjoined 
Texas.  It  had  an  area  of  2,000,000  square  miles,  and  at  the 
end  of  ten  years  there  were  upon  its  soil  only  twenty-two 
slaves,  and  of  these  only  ten  were  domiciled.  Did  it  injure  the 
negro;  did  it  augment  slavery?  If  there  was  one  man  who, 
more  than  any  other,  was  the  author  of  freedom  in  this  West- 
ern hemisphere,  that  man  was  Thomas  Jefferson.  He  was  not 
seeking  to  augment  or  prolong  slavery  when  he  wrote  to  Mr. 
Holmes,  of  Massachusetts,  who  agreed  with  him:  "Of  one 
thing  I  am  certain :  that  as  the  passage  of  slaves  from  one  State 
to  another  would  not  make  a  slave  of  a  single  human  being 
who  would  not  be  so  without  it,  so  their  diffusion  over  a  greater 
surface  would  make  them  individually  happier,  and  proportion- 
ately facilitate  the  accomplishment  of  their  emancipation  by 
dividing  the  burthen  on  a  greater  number  of  coadjutors. ' '  This 
was  the  great  iniquity  which  caused  the  whole  Western  reserve 
of  Ohio,  in  a  single  day,  to  turn  from  Whig  to  Republican. 

A  TEST  QUESTION. 

On  January  11,  1838,  the  principle  of  the  Kansas- Nebraska 
act  had  been  made  a  test  question,  by  the  final  resolution  of 


28 

the  series,  which  on  that  day  passed  the  Senate  by  a  vote  of 
nearly  four  to  one.  On  December  11,  1838,  resolutions  cover- 
ing the  same  ground  as  to  the  territories  were  introduced  into 
the  House  and  passed  by  large  majorities.  The  question  in- 
volved in  the  Kansas-Nebraska  act  had  been  established,  as  far 
as  the  nearly  unanimous  agreement  of  both  houses  could  estab- 
lish it,  sixteen  years  earlier,  without  creating  any  excitement 
whatever.  It  had  received  the  imprimatur  of  the  States  and 
of  the  people. 

It  was  not  the  South  which  arrayed  itself  against  the  only 
sovereignty  known  to  this  country — the  sovereignty  of  law. 
The  constitutional  position  of  the  South  received  the  sanction 
of  the  only  umpire  known  to  the  Constitution.  The  final  sanc- 
tion, known  as  the  Dred  Scott  decision,  was  the  inevitable 
sequel  to  prior  adjudications,  and  could  have  been  no  other 
than  it  was  ;  and  those  prior  adjudications,  like  the  votes  of  the 
two  houses  in  1838,  had  been  too  reasonable  to  awaken  agita- 
tion or  serious  comment.  The  adjudication  was  that  the 
territories,  secured  to  the  States  by  the  common  blood  and 
treasure  (and  it  might  have  been  added,  more  largely  secured 
by  the  blood  and  treasure  of  the  South,  if  the  donations  to  the 
General  Government  be  considered) ;  that  these  territories 
were  secured  equally  to  all  the  States,  and  not  unequally  to 
any ;  and  that  it  was  to  deprive  the  citizen  of  his  property, 
without  due  process  of  law,  to  take  his  slave  from  him  merely 
because  the  latter  was  found  in  the  common  territory  of  the 
United  States.  The  adjudication  was  that  the  Federal  Union 
rested  on  the  basis  of  federal  equality. 

At  least  the  school  of  construction,  which  proclaimed  the 
judgment  of  this  tribunal  to  be  the  ultimate  reason,  when  it 
was  planted  on  the  side  of  the  Bank  of  the  United  States, 
should  have  been  estopped  to  denounce  their  own  canonized 
authority.  Fourteen  Northern  States  passed  laws  to  practically 
nullify  the  fugitive-slave  law,  but  in  doing  so  they  not  only 
violated  the  compromise  and  the  compact  of  the  Constitution, 
but  the  law  as  their  own  courts  expounded  it.  The  highest 
courts  of  these  States  (including  that  of  Massachusetts,  speak- 


29 

ing  through  Chief-Justice  Shaw),  whenever  the  occasion  arose 
to  pass  upon  this  law,  uniformly  supported  it.  The  lawless 
legislation  was  not  South,  but  North,  as  tried  by  the  exclusive 
jurisprudence  of  the  latter.  Never  were  people  more  com- 
pletely covered  by  all  the  panoply  of  law — even  the  law  of  vin- 
dictive commonwealths — than  the  people  of  the  South. 

It  was  in  this  state  of  the  law  of  the  land,  as  expounded  by 
the  highest  Federal  tribunal,  that  a  party  arose  which  sought 
no  suffrage,  offered  no  candidates,  and  excluded  recognition 
in  all  that  portion  of  the  country  which  is  called  the  South.  It 
was  a  declaration  of  war  against  fifteen  of  the  States  of  the 
Union,  and  against  the  Federal  compact  upon  which  they 
stood.  It  was  an  appeal  to  one  portion  of  the  country,  and 
that  the  most  powerful  portion,  to  know  no  rest  until  they  had 
destroyed  the  other.  It  had  no  other  reason  of  existence  than 
to  slit  the  North  from  the  South  by  one  clean  cut,  and  then  to 
mass  the  former  against  the  latter.  It  had  one  memorable  pre- 
decessor in  the  convention  of  Northern  States  (from  which 
every  Southern  State  was  excluded),  which  met  at  Harrisburg 
in  1828  to  frame  the  tariff  known  to  history  as  "The  Bill  of 
Abominations. ' '  The  ' '  abominations  ■ '  of  that  bill  had  been 
driven  from  the  field  in  demoralized  rout  and  disorder.  By 
their  own  intrinsic  force  they  could  make  no  further  stand. 
Only  on  the  back  of  this  new  agitation  could  they  again  rise 
into  power.  The  States  which  could  no  longer  be  banded 
under  the  invocation  of  an  imaginary  interest  were  at  last 
permanently  banded  under  the  banner  of  a  real  enmity.* 

This  opinion  may  be  reinforced  by  that  of  a  cool,  dispassion- 
ate, free-soil  Democrat — the  ablest  Northern  statesman  of  his 
time,  and  surpassed  by  none  of  any  time.  It  was  the  opinion 
of  Samuel  J.  Tilden  that,  if  the  Republican  party  should  be 
successful,  the  Federal  government  in  the  Southern  States 
"would   cease  to  be  self-government,  and  would  become  a 

*  "  The  Republican  party  is  a  conspiracy,  under  the  forms,  but  in  violation  of  the 
spirit  of  the  Constitution  of  the  United  States,  to  exclude  the  citizens  of  the  slave- 
holding  States  from  all  share  in  the  government  of  the  country,  and  to  compel  them 
to  adapt  their  institutions  to  the  opinions  of  the  citizens  of  the  free  States." — Speech 
of  Judge  William  Duer,  at  Oswego,  August  6, 1860. 


30 

government  by  one  people  over  another  distinct  people — a 
thing  impossible  with  our  race,  except  as  a  consequence  of  suc- 
cessful war,  and  even  then  incompatible  with  our  democratic 
institutions."* 

VICTOR  AND  VICTIM. 

This  was  what  the  statesmen  of  the  South  foresaw  and  looked 
courageously  in  the  face.  The  success  of  the  party  ranged 
against  them  meant  the  government  of  the  South  by  the  North 
and  for  the  North — the  relation  of  victor  and  victim.  Lincoln 
was  the  representative  of  opinions  and  interests  confined  to  one- 
half  of  the  country  and  pledged  to  an  irrepressible  conflict 
with  the  other.  The  tariff  which  sprang  from  the  first  throes 
of  the  convulsion  gave  audible  warning  that  one  of  the  spoils 
which  belonged  to  the  victor  was  the  taxing  power  of  the  Gov- 
ernment, to  be  used  to  throw  the  substance  of  one-half  of  the 
States  into  the  lap  of  the  other ;  the  supplies  of  the  South  to 
be  intercepted  by  the  receipt  of  customs  which  would  divert 
the  profits  of  her  industry  into  the  pockets  of  the  North. 
Nevertheless,  when  every  right  of  property  and  every  right  of 
government  was  at  stake,  Virginia  took  counsel,  not  of  her 
fears,  but  of  her  patriotic  love  for  the  Union  which  she  had 
done  so  much  to  enlarge ;  which  she  had  stripped  herself  of 
the  whole  Northwest  territory  to  create  and  to  cement.  She 
had  given,  not  principalities,  but  empires,  to  the  General  Gov- 
ernment. What  those  who  now  condemned  her  had  sacrificed 
for  the  Union  was  far  less  legible.  Her  voice  was  raised  for 
peace.  She  pointed  out  that  every  practical  issue  which  could 
possibly  arise  on  the  slavery  question  had  been  settled  by  the 
inexorable  logic  of  events  ;  that  Kansas  had  already  prohibited 
slaves,  and,  it  might  be  added,  negroes  ;  that  no  Territory 
north  of  Kansas  could  possibly  be  expected  to  do  otherwise ; 
but,  to  allay  apprehension,  she  reiterated  the  proffer  of  the 
South  to  stipulate  against  admissions  on  any  other  terms.  The 
relation  to  this  subject  of  the  territory  south  of  Kansas  was 
fixed  by  the  compromise  of  1850,  and  it  was  not  the  South 

*  Article  of  James  C.  Carter,  in  the  Atlantic  Monthly  for  October,  1892. 


31 

which  desired  to  disturb  it.  Virginia  said  to  the  North,  "the 
only  thing  left  open  to  possible  agitation  the  South  will  stipu- 
late in  your  favor. ' ' 

The  North  claimed  all  the  Territories  for  their  citizens  and 
their  institutions.  The  South  was  content  to  ask  no  more  than 
the  right  of  ingress  into  a  part  or  one-half  of  the  Territories 
for  her  citizens  and  their  property.  The  South  said  :  ' '  You 
blame  us  for  effacing  from  the  statute  book  the  dead  letter  of 
the  Missouri  compromise  ;  very  well,  then,  we  will  restore  that 
letter  in  form  which  you  have  so  invariably  repudiated  in  fact. 
Lawless  as  we  deem  it,  for  the  sake  of  the  Union  we  will  seek 
to  make  it  lawful  by  consent ' '  ;  and  the  offer  was  disdained. 
The  answer  to  the  peace  conference  was  the  fleet  of  war  dis- 
patched to  Charleston ;  the  proclamation  of  the  15th  of  April, 
1861 ;  the  transfer  of  the  construction  of  the  Constitution  from 
the  bench  to  the  bayonet,  the  silence  of  the  laws  by  the  arms 
of  the  United  States.  Not  until  the  compact  of  the  Constitu- 
tion was  shattered  beyond  the  reach  of  surgery,  by  the  sum- 
mons of  the  North  to  armed  war  against  the  South,  did  Vir- 
ginia declare  that  an  order  of  things  ' '  outside  the  Constitution ' ' 
was  no  compact  for  her.  That  union  of  the  purse  and  sword, 
which  was  the  theme  of  such  impassioned  declamation  at  the 
North,  when  the  object  was  to  divide  the  South  against  Andrew 
Jackson,  was  welcomed  with  avidity,  when  the  object  was  not 
the  protection  of  a  bank,  but  only  the  overthrow  of  every  com- 
monwealth of  the  South.  It  was  elsewhere  than  in  Virginia 
that  the  value  of  the  Union  had  heretofore  been  computed.  It 
was  with  the  secession  of  New  England  that  Hamilton  threat- 
ened Jefferson,  unless  the  debts  of  the  States  were  assumed  by 
the  General  Government.  The  purchase  and  admission  of 
Louisiana  were  held  to  justify  the  secession  of  New  England, 
and  for  the  very  reason  that  the  admission  of  any  new  State 
into  the  Union  altered  the  Federal  compact  to  which  the  com- 
monwealths of  New  England  had  acceded,  by  altering  their 
relative  weight  therein.  The  embargo,  the  Non- Intercourse 
act,  and  the  hostilities  with  Great  Britain  were  deemed  a  justi- 
fiable ground  for  a  dissolution  of  the  Union,  and  the  ' '  Hartford 


32 

Nation,"  which  assembled  in  congress  to  draw  the  necessary 
papers,  was  only  restrained  by  that  glory  of  New  Orleans, 
which  was  a  victory  over  New  England  quite  as  much  as  over 
old  England.  The  annexation  of  Texas  was  considered  a 
ground  for  separation  of  the  States,  and  for  reasons  which 
were  once  more  based  on  the  federative  character  of  the  Union 
and  the  alteration  of  the  relative  importance  of  its  members. 
On  the  1st  of  February,  1850,  Mr.  Hale  offered  in  the  Senate 
a  petition  and  resolutions,  asking  that  body  to  devise,  "with- 
out delay,  some  plan  for  the  immediate  peaceful  dissolution  of 
the  American  Union. ' '  And  Chase  and  Seward  voted  for  its 
reception.  It  was  New  England  who  taught  us  the  memorable 
words,  "amicably  if  we  can,  violently  if  we  must."* 

And  what  were  the  invasions  which  she  could  not  stand  with- 
out the  threat  and  preparation  of  disunion?  The  measures 
which  doubled  the  continent  of  free  government,  and  gave  the 
Mississippi  to  us  to  be  our  inland  sea  and  Mediterranean  of 
commerce.  And  Virginia  !  When,  for  the  first  time,  did  she 
recoil,  with  just  and  natural  horror,  from  the  fate  which  was 
prepared  for  her  ?  Not  until  she  had  no  other  alternative  than 
to  make  good  her  right  to  free  government  out  of  the  Union, 
or  to  submit  to  * '  freedom  and  a  dagger ' '  in  it.  Like  the 
desert  bird  who  ' '  unlocks  her  own  breast ' '  to  satisfy  her  off- 
spring, Virginia  had  partitioned  and  repartitioned  her  own  ter- 
ritory to  feed  the  Union,  and  this  was  her  reward  !     That  ene- 

*  "  There  is  a  great  rule  of  human  conduct  which  he  who  honestly  observes  cannot 
err  widely  from  the  path  of  his  sought  duty.  It  is  to  be  very  scrupulous  concerning 
the  principles  you  select  as  the  test  of  your  rights  and  obligations  ;  to  be  very  faithful 
in  noticing  the  result  of  their  application  ;  to  be  very  fearless  in  tracing  and  expos- 
ing their  immediate  effects  and  distant  consequences.  Under  the  sanction  of  this 
rule  of  conduct,  I  am  compelled  to  declare  it  as  my  deliberate  opinion  that  if  this 
bill  passes  the  bonds  of  this  Union  are  virtually  dissolved ;  that  the  States  which 
compose  it  are  free  from  their  moral  obligations,  and  that  as  it  will  be  the  right  of 
all,  so  it  will  be  the  duty  of  some  to  prepare  definitely  for  a  separation— amicably  if 
they  can,  violently  if  they  must.  *  *  *  Have  the  three  branches  of  this  Govern- 
ment a  right  at  will  to  weaken  and  outweigh  the  influence  respectively  secured  to 
each  State  in  this  compact  by  introducing  at  pleasure  new  partners  situate  beyond 
the  old  limits  of  the  United  States  ?  *  *  *  The  proportion  of  the  political  weight 
of  each  sovereign  State  constituting  this  Union  depends  upon  the  numb  er  of  States 
which  have  a  voice  under  the  compact."— Speech  of  Josiah  Quincy,  January  U,  1811, 
on  the  bill  for  the  admission  of  Louisiana. 


33 

mies  and  accusers,  who  had  counted  so  critically  the  profit  of 
the  Union  ;  who  at  every  step  of  its  progress  had  weighed  so 
nicely  its  commercial  value  ;  who  had  shouted  so  loudly  that, 
unless  it  was  a  Union  which  was  profitable,  it  was  no  Union  for 
them  ;  that  they  who  had  been  preaching  and  practicing  dis- 
union ever  since  there  had  been  a  Union  ;  that  they  should 
have  been  the  executioners  of  the  State  which  had  served  it 
best  and  loved  it  most  was  the  curious  revenge  of  time. 

VIRGINIA'S  STAND. 

Virginia  then  took  her  stand  against  the  prostration  of  every 
guaranty  of  the  Federal  compact  and  the  complete  overthrow 
of  the  terms  upon  which  alone  she  had  acceded  to  it.  That 
she  honestly  thought  this  her  enemies  concede  ;  that  she  justly 
thought,  and,  so  far  as  the  argument  of  reason  is  concerned, 
incontrovertibly  thought  it,  history  will  finally  determine.  The 
South  has  not  to  plead  like  a  culprit  before  the  world.  It  was 
the  name  and  not  the  truth  of  freedom  which  was  victorious 
against  us.  I  await  with  confidence  the  final  verdict,  because 
of  an  abiding  faith  that  every  appearance  is  to  reality  as  the 
gourd  to  the  oak. 

Virginia  stood  for  the  liberation  of  trade  ;  for  free  association 
with  the  world.  Far  better  than  all  anti-slavery  agitation  was 
this  agency  to  unbind  the  fetters  of  mankind.  She  took  her 
stand  against  the  blind  egotism  and  narrow  self-sufficiency  which 
would  isolate  each  community  from  every  other,  and  tear  asun- 
der all  the  bands  of  sympathy  wherewith  nature  joins  the  popu- 
lations of  the  earth  ;  wherewith  and  whereby  nature  fortifies 
that  mind  of  man  which  is  never  strong  by  its  single  strength. 
I  will  not  confine  this  idea  by  my  own  poor  words,  but  give  it 
rather  in  the  words  of  New  England,  speaking  through  the 
lips  of  the  purest  champion  of  her  cause — one  might  say  its. 
conscience  !  ' '  Free  trade  ! ' '  exclaimed  Dr.  Channing,  ' '  this  is 
the  plain  duty  and  plain  interest  of  the  human  race.  To  level 
all  barriers  to  free  exchange  ;  to  cut  up  the  system  of  restriction, 
root  and  branch  ;  to  open  every  port  on  earth  to  every  pro- 
3 


34 

duct — this  is  the  office  of  enlightened  humanity.  To  this  a 
free  nation  should  especially  pledge  itself.  Freedom  of  the 
seas,  freedom  of  harbors,  and  intercourse  of  nations  free  as  the 
winds;  this  is  not  a  dream  of  philanthropists.  We  are  tending 
towards  it,  and  let  us  hasten  it.  Under  a  wiser  and  more  Chris- 
tian civilization,  we  shall  look  back  on  our  present  restrictions 
as  we  do  on  the  swaddling  bands  by  which  in  darker  times  the 
human  body  was  compressed.  The  growing  freedom  of  trade 
is  another  and  glorious  illustration  of  the  tendency  of  our  age 
to  universality."  Virginia  stood  for  the  Federal  Union;  a 
Union,  as  the  name  imports,  which  is  created  by  treaty  and 
reposes  on  the  terms  of  that  treaty.  An  involuntary  Federal 
Union — a  Federal  Union  extorted  by  Force — is  a  solecism. 
Every  government,  it  is  said,  should  contain  within  itself  the 
means  of  its  own  preservation  ;  therefore,  a  Federal  Union 
should  contain  the  means  of  preserving  the  only  basis  of  fede- 
ration— the  rights  of  the  component  States.  A  Federal  Union 
which  could  readily  be  turned  into  a  consolidation  would  be 
provided  with  the  means  of  its  own  destruction.*  A  Union, 
by  naming  itself  Federal,  expresses  its  ligament  to  be,  not 
coercion,  but  convention.  A  Federal  Union  is  the  first 
and  noblest  agency  of  that  growing  force  of  which,  not  uni- 
versal subjection,  but  universal  emancipation,  is  the  dream. 
The  great  transition  of  the  latter  centuries  is  the  transi- 
tion from  the  Feudal  to  the  Federal  age,  and  from  force 
to  compact ;  that  is,  from  force  to  freedom,  which  is  the 
free  dominion  of  the  law — the  coercion  of  ideas  instead  of  the 
coercion  of  arms.  To  convince  is  to  conquer.  The  flower  of 
hope  which  springs  eternally  is  the  hope  to  change  the  law  of 
power  into  the  power  of  law  ;  and  in  this  strife  of  opposites  the 
first-born  son  of  mediation  is  Federal  Union — the  Union  of 
choice  and  affinity  in  place  of  constraint;  the  Union  of  force  in 
place  of  the  Union  by  force.     As  the  tie  is  willing  it  is  real ;  as 

*  "  A  Union  of  the  States,  containing  such  an  ingredient,  seemed  to  provide  for  its 
own  destruction.  The  use  of  force  against  a  State  would  look  more  like  a  declaration 
of  war  than  an  infliction  of  punishment,  and  would  probably  be  considered  by  the 
party  attacked  as  a  dissolution  of  all  previous  compacts  by  which  it  might  be  bound.' ' 
Madison. 


35 

it  is  real  it  is  strong.  It  is  through  federation,  not  through  cen- 
tralization, that  the  true  synthesis  of  the  peoples  comes.  If 
the  day  ever  comes  ' '  when  the  war  drum  shall  throb  no  longer' ' 
it  will  be  ushered  in,  not  by  the  empire,  not  by  the  imperial 
consolidation,  but  by  "the  federation  of  the  world."  The 
mighty  import  of  this  heaving  and  throbbing  time  is  that  by 
its  constitutions,  rearrangements,  and  resources,  by  the  grace 
of  its  swift,  light  and  ready  movement,  for  man's  coerced  and 
driven  obedience,  there  may  now  be  inaugurated  his  spontane- 
ous energies  in  willing  union.  It  was  for  the  exalted  idea  of 
self-governed  freedom,  which  Virginia  had  been  foremost  to 
proclaim,  that  she  now  took  up  arms  and  suffered  martyrdom. 

SLAVERY. 

But  if  a  hostile  criticism  urge,  ■ '  Your  own  involuntary  ser- 
vitude at  home  was  at  war  with  all  this  fine  preachment  of  will- 
ing union,"  the  answer  is — 

First.  It  was  the  condition  with  which  you  deliberately  made 
your  bargain  and  received  your  redundant  consideration,  which 
was,  and  is  still,  redundantly  retained. 

Second.  The  institution  of  slavery  was  fastened  on  us  by 
others,  and  very  largely  by  those  who  seized  it  as  a  pretext  for 
war  against  us.  It  is  not  for  them  to  revile  us  for  not  solving 
in  a  day  the  tremendous  problem  which,  on  a  scale  so  dimin- 
utive, consumed  more  than  half  a  century  of  their  own  time. 
Slavery  was  the  flail  in  their  hand  wherewith  to  beat  down 
freedom.  It  was  constitutional  government  and  the  rights  of 
the  State ;  it  was  the  reality  of  a  Federal  Union  which  they 
sought  "to  put  in  course  of  ultimate  extinction."  They  were 
guilty  of  what  Jefferson  called  "treason  against  human  hope." 
Slavery  was  our  mode  of  dealing  with  a  problem  for  whose 
presence  in  our  midst  our  accusers  in  old  England  and  New 
England  were  responsible. 

Third.  Had  emancipation  been  the  only  thing  desired,  the 
economic  reasons  which  had  been  so  successful  at  the  North 
would  not  have  been  wholly  idle  at  the  South.  The  forces 
which  put  an  end  to  slavery  in  Russia  and  Brazil  were  not 


36 

obliged  to  lose  their  cunning  elsewhere — those  irresistible  forces 
of  the  brain  of  commerce,  out  of  whose  ceaseless  throb  is  nur- 
tured the  opinion  which  rules  at  last  the  world  and  all  the 
brave  empire  thereof.  By  the  side  of  this  Titan  the  abolitionist 
was  a  puny  arm,  which  could  only  misdirect  the  mightier  one 
and  make  it  mischievous — "  dashing  with  his  oar  to  hasten  the 
cataract,  waving  with  his  fan  to  give  speed  to  the  winds." 
Our  accusers  dealt  with  their  own  problem  at  their  own  con- 
venience.    What  right  had  they  to  force  us  to  do  otherwise?* 

Undoubtedly  we  were  not  prepared  to  exchange  the  freedom 
of  the  white  race  for  the  slavery  of  the  black.  Undoubtedly 
we  were  not  prepared  for  an  emancipation  which  meant  the  en- 
thronement of  the  negro. 

Fourth.  Never  was  there  a  great  trust  so  nobly  fulfilled  as  that 
incurred  by  the  South  for  the  institution  of  slavery,  imposed  upon 
her  from  the  same  magnanimous  source  whence  her  crucifixion 
for  it  also  proceeded.  If  any  labor  in  any  land  ever  more  con- 
vincingly proclaimed  that  it  was  subject  to  a  more  enlightened 

*  "  There  exists  a  disposition  to  escape  from  our  own  proper  duties  to  undertake  the 
duties  of  somebody  or  anybody  else.  There  exists  a  disposition  not  to  do  as  our  good 
old  catechism  teaches  us  to  do— to  fulfill  our  duty  in  that  station  to  which  it  has 
pleased  God  to  call  us.  No,  sir ;  it  is  obsolete  and  worm-eaten.  We  must  insist  upon 
going  to  take  upon  ourselves  the  situation  and  office  of  some  one  else,  to  which  it 
has  not  pleased  God  to  call  us— of  the  Hindoos  and  the  Otaheitan  ;  of  anybody  or 
anything  but  our  own  proper  business  and  families."— Speech  of  John  Randolph  in 
United  States  Senate. 

It  is  not  uninstructive  to  note  how  the  same  thought  presented  itself  a  quarter  of  a 
century  afterwards  to  another  man  of  genius.  "A  foolish  stump-orator,  perorating 
on  his  platform  mere  benevolences,  seems  a  pleasant  object  to  many  persons ;  a  harm- 
less or  insignificant  one  to  almost  all.  Look  at  him,  however ;  scan  him  till  you 
discern  the  nature  of  him ;  he  is  not  pleasant,  but  ugly  and  perilous.  That  beautiful 
speech  of  his  takes  captive  every  long  ear,  and  kindles  into  quasi-sacred  enthusiasm 
the  minds  of  not  a  few  ;  but  it  is  quite  in  the  teeth  of  the  everlasting  facts  of  this 
universe,  and  it  will  come  only  to  mischief  for  every  party  concerned.  Consider  that 
little  spouting  wretch.  Within  the  paltry  skin  of  him,  it  is  too  probable,  he  holds 
few  human  virtues  beyond  those  essential  for  digesting  victual.  Envious,  cowardly, 
vain,  splenetic,  hungry  soul ;  what  heroism,  in  word,  or  thought,  or  action,  will  you 
ever  get  from  the  like  of  him?  He,  in  his  necessity,  has  taken  into  the  benevolent 
line ;  warms  the  cold  vacuity  of  his  inner  man  to  some  extent  in  a  comfortable  man- 
ner, not  by  silently  doing  some  virtue  of  his  own,  but  by  fiercely  recommending 
hearsay  pseudo-virtues  and  respectable  benevolences  to  other  people.  Do  you  call 
that  a  good  trade?  Long-eared  fellow-creatures,  more  or  less  resembling  himself, 
answer.  '  Hear,  hear !  Live,  Fiddlestring,  forever  ! '  Wherefrom  follow  Abolition 
Congresses,  Odes  to  the  gallows."—  Thomas  Carlyle  (Model  Prisons). 


37 

supremacy  than  force,  I  do  not  recall  it.  For  four  years  of  war 
all  force  was  withdrawn  from  the  negro,  but  his  affection,  his 
obedience,  his  fidelity  did  not  withdraw.  A  beneficial  subor- 
dination and  no  other  could  have  stood  this  test. 

A  STORY  OF  VALOR. 

Of  this  cause  the  statue  this  day  unveiled  is  emblematic,  and 
if  I  have  left  myself  but  little  time  to  tell  the  story  of  valor,  of 
which  it  is  also  emblem,  it  is  because  that  story  is  beyond  the 
reach  of  controversy.  On  the  9th  of  November,  1859,  the 
Howitzer  Company  was  organized.  It  saw  service  for  the  first 
time  in  the  John  Brown  raid — the  real  beginning  of  the  war. 
It  seemed  to  George  Wythe  Randolph,  the  first  captain  of  this 
glowing  strength,  that  if  his  mighty  ancestor  could  speak  once 
more  from  his  lofty  eminence  he  would  shout :  ' '  To  arms  ! ' ' 
For  the  practical  interpretation  of  the  Constitution  and  the 
Federal  Union  which  it  organized  had  come  to  this  :  that  a 
peaceful  village  south  of  the  Potomac  might  be  invaded  at 
midnight  for  the  purpose  of  midnight  murder,  and  the  invader 
be  made  by  legal  execution  not  a  murderer,  but  a  martyr,  so 
that  the  bells  of  Northern  churches  tolled  his  requiem  as  he 
expired,  and  in  the  words  of  one  of  his  eulogists  :  "The  gal- 
lows was  made  as  sacred  as  the  cross."  The  John  Brown  raid 
was  the  vivid  revelation  of  a  spirit  which  left  no  alternative  be- 
tween a  battle  for  the  compact  of  the  Constitution  or  its  uncon- 
ditional surrender.  The  Richmond  Howitzers  did  not  organize 
to  surrender  without  a  blow  the  heritage  of  their  fathers;  and 
at  the  tap  of  the  drum  the  company  grew  to  a  battalion.  Like 
Gonsalvo,  when  he  pointed  to  Naples,  they  preferred  to  die, 
one  foot  forward,  than  to  secure  long  life  by  one  foot  of  retreat. 
We  hear  much  of  ' '  the  land  of  the  free  and  the  home  of  the 
brave, ' '  but  the  two  are  one.  It  is  only  a  '  'home  of  the  brave' ' 
which  can  be  a  "land  of  the  free."  Only  so  long  as  men  are 
brave  in  the  assertion  of  their  rights  are  they  free  in  the  pos- 
session of  them.  The  rights  which  we  have  now  we  owe  to 
the  fact  that  we  once  stood,  not  languidly,  but  with  clear  deter- 
mination, for  them — to  the  respect  which  is  compelled  by  the 


38 

courage  of  conviction.  It  is  the  Howitzer  chapter  of  this  his- 
tory that  we  celebrate  to-day.  Wonderful  must  it  have  been 
to  any  soldier  of  the  ' '  Old  World ' '  to  witness  the  daily  pic- 
ture in  that  Howitzer  camp — officers  and  men  seated  around 
the  common  camp-fire,  as  though  the  difference  of  rank  were 
nominal  and  temporal  only,  and  the  only  real  and  eternal  thing, 
the  cause  which  joined  their  hearts  and  hands.  It  was  the 
picture  of  what  Jefferson  called  the  Roman  principle,  which 
esteems  it  honorable  for  the  general  of  yesterday  to  act  as  a 
corporal  to-day.  Every  man  was  a  brigadier  around  the 
camp-fire,  and  every  man  was  subject  to  a  discipline  of  honor 
more  unsparing  than  the  laws  of  war  to  every  real  dereliction. 
And  how  absolutely  did  those  officers  command,  just  because 
they  never  spared  themselves  !  To  be  first  in  rank  was  to  be 
first  in  danger,  and  side  by  side  in  every  hardship. 

It  was  on  the  extreme  right  at  Fredericksburg,  when  Stuart 
and  Pelham,  from  the  force  of  habit,  were  leading  artillery  in 
what  fairly  seemed  a  cavalry  charge,  that  the  gallant  Utz  was 
torn  from  his  horse  and  from  his  life  by  the  shell  to  which  he 
opposed  his  invincible  breast.  This  day  is  his  memorial  ser- 
vice. And  how  tenderly,  when  the  pitiless  rain  had  ceased, 
we  bent  over  the  still  form  of  Randolph  Fairfax — the  offering  of 
our  grand  old  ally  in  every  fight,  the  Rockbridge  Artillery — 
how  tenderly  we  bent  over  that  marble  sleep,  and  gazed  for 
the  last  time  on  the  fair,  bright  brow  of  the  beautiful  boy. 
How  we  watched  through  all  that  winter  while  one — not  of  the 
Howitzers,  but  in  authority  over  us — was  sinking,  and  the 
very  light  of  learning  itself  seemed  to  flicker  in  the  socket  as 
the  life  of  Lewis  Coleman  put  on  its  spiritual  body.  It  was  in 
the  first  clench  of  that  long  death  grip  which  lasted  from  the 
Wilderness  to  Appomattox  that,  as  John  Thompson  Brown 
rode  to  the  front  of  his  batteries  to  secure  an  advanced  posi- 
tion, a  bullet  from  the  brown  brush  which  hid  the  enemy's 
sharpshooters  laid  him  in  the  dust.  The  beat  of  one  of  the 
warmest  hearts,  making  a  man's  breast  like  a  woman's,  there 
ceased,  and  the  bright  outlook  of  a  life  all  aflame  with  gener- 
ous and  manly  hopes  had  fallen  quenched.     The  sword  pre- 


39 

sented  to  him  by  those  Howitzers  who,  under  his  orders,  had 
fired  the  first,  and  over  his  memory  did  afterwards  fire  the  last, 
shot  in  the  war,  clung  to  him  as  he  fell.  He  fell  with  a  har- 
ness of  honor  on  him  worthy  his  father's  son.  If  I  wanted  a 
picture  of  the  intrepid  calm  which  knows  how  to  face  unmoved 
a  crashing  world,  there  could  be  found  no  truer  face  for  it  than 
that  of  David  Watson — a  countenance  which  only  seemed  to 
light  up  in  the  rage  of  battle,  but  which  kindled  with  a  lasting 
brightness  in  the  bloody  angle  at  Spotsylvania  Courthouse. 
And  if  I  sought,  as  a  companion-piece,  that  bright,  joyous  valor 
which  meets  danger,  not  as  simple  duty,  but  clasps  her  as  a 
bride,  whose  descent  into  danger  is  like  the  sea  bird's  toss 
upon  the  waves,  I  would  draw  it  from  Ned  McCarthy,  down  to 
the  hour  when  his  bright  day  sank  with  the  setting  sun  in  the 
fires  of  Cold  Harbor.  Peer  of  any  whom  I  have  named — firm 
with  the  firmest,  cool  with  the  coolest,  brave  with  the  bravest, 
patient,  heroic,  and  magnanimous — was  Henry  Jones.  He 
fought  his  last  battle  when  the  army  he  served  was  fighting  its 
last.  These  were  men  worthy  of  renown  in  any  field.  Their 
courage  knew  no  danger.  On  the  restless  front  of  battle  they 
were  stars.  I  count  it  my  greatest  pride  to  have  been  their 
humblest  follower. 

THE  LESSON  OF  COURAGE. 

And  of  that  following  what  shall  I  say?  I  will  say  that  I 
count  it  the  best  of  all  academies,  the  noblest  university.  No 
craven  graduates  in  the  firm  tuition  of  God's  discipline.  The 
lesson  of  courage  in  daily  jeopardy ;  of  patience  under  priva- 
tion and  strain ;  the  pursuit  of  high  aims  in  disdain  of  earthly 
menace  or  disaster,  was  taught  to  me,  I  trust  not  all  in  vain, 
by  the  Howitzer  battalion.  The  heart  to  scorn  death,  nay,  the 
heart  to  scorn  self,  the  surrender  of  all  for  duty,  was  preached  by 
their  detachments  from  Bethel  to  Appomattox,  and  from  Manas- 
sas to  Manassas — and  then  at  the  last,  the  highest,  the  bravest 
of  all  courage — the  courage  which  shrinks  not  from  defeat. 
They  were  no  warriors  of  the  silk  and  satin  kind  who  joined 
their  throat  of  thunder  to  the  grand  tones  of  that  epic  of  wrath. 


40 

Seasoned  veterans  with  the  faces  of  boyhood  stood  behind  the 
ordnance,  which  had  been  drawn  from  Yorktown  to  the  Chick- 
ahominy  ;  which  rang  from  Gettysburg  to  Petersburg.  Never 
once  were  the  cannoneers  driven  from  the  guns  which  had  been 
captured  for  them  from  the  enemy.*  The  strength  of  conflict 
was  in  their  sinews ;  the  strength  of  conviction  in  their  hearts. 
They  moved  in  obedience  to  a  principle  which  ruled  the  whole 
heart  and  wielded  the  whole  strength.  They  were  made  by 
pressure  and  fire  as  the  diamond  is  made.  As  they  faced  storm 
after  storm  they  added  cubits  to  their  stature.  Far  beyond  all 
material  triumph  in  building  the  character  of  a  people  is  the 
struggle  for  that  "baptism"  which  we  name  "the  answer  of  a 
good  conscience."  From  this  source  only  comes  the  fortitude 
for  that  unshaken  struggle  with  life's  reverses  which  counts 
for  more  than  all  the  exploits  of  romance.  None  really,  none 
lastingly,  conquer  who  trim  their  sails  or  their  souls  for  every 
breeze,  and  have  no  permanent  chart.  "All  that  pass  from 
this  world,"  said  John  Foster,  "must  present  themselves  as 
from  battle,  or  be  denied  to  mingle  in  the  eternal  joys  and 
triumphs  of  the  conquerors." 

I  witnessed  that  wonderful  sight,  as  tried  by  all  the  past — 
four  years  of  battles,  which  stand  forth  as  scenes  of  a  transfig- 
uration ;  wherein  as  the  war  strain  grew  more  tense,  the  war- 
rior grew  more  noble — battles,  which  were  images  of  spiritual 
growth  and  spiritual  victory,  wherein  each  in  turn  registered 
one  more  ascendency  of  man's  higher  nature;  wherein  his 
ignobility  was  trampled  by  his  nobility  under  foot ;  so  that  as 
rank  by  rank  mortality  was  thinned  the  ranks  of  the  immortals 
were  recruited.  For  here  soldiers  presented  themselves  like 
disciples,  as  a  living  sacrifice  on  the  altar  of  all  they  revered. 
On  God's  great  altar  their  lives  were  laid.  Their  battles  were 
the  litanies  of  heroes.  Their  valor  was  consecrated,  not  unto 
fame,  but  unto  duty.  Their  welcome  to  the  foe,  as  day  by 
day  he  gained  on  them  in  numbers,  but  not  renown,  stands  out 
for  me  as  the  most  illustrious  portrait  of  man's  spiritual  wrestle ; 

*After  the  first  year  of  the  war  the  original  howitzers  were  exchanged  for  captured 
Napoleons  and  Parrott  guns. 


41 

wherein  he  greets  a  world  in  arms  against  him  as  his  appointed 
angel — the  true  arena  to  which  his  sponsors  in  baptism  devoted 
him.  They  steadily  ascended  on  their  ladder  of  pain.  It  was 
like  the  struggle  of  a  strong  will  in  a  weak  body.  As  in  An- 
gelo's  figure,  the  soul  grew  as  the  body  wasted.  When  the 
only  way  in  which  the  victorious  cause  could  commend  itself  to 
the  " consent  of  the  governed"  was  to  ''wear  out  by  attri- 
tion ' '  all  who  failed  to  perceive  its  beauty  :  when  such  a  warfare 

"  Did  like  a  pestilence  maintain  its  hold 
And  wasted  down  by  glorious  death,  that  race 
Of  natural  heroes  "  ; 

our  little  band  shared  with  their  brothers  the  desolating  tem- 
pest, until  it  was  their  glory  to  stand  with  the  seven  thousand 
of  Appomattox.  Obedient  to  their  great  captain  to  the  last, 
at  his  word,  and  only  at  his  word,  did  they  surrender.  They 
wept  as  they  dismounted  their  guns.  It  was  still  the  courage 
which  is  loth  to  yield.  When  all  was  lost  save  honor,  their 
roll  remained  the  roll  of  honor.  The  surrender  of  themselves 
to  their  great  captain  and  his  cause  had  been  their  great  sur- 
render which  swallowed  up  all  other.  Of  such  is  the  kingdom 
which  is  victorious  over  defeat — the  panoply  which  no  defeat 
can  pierce.  The  great  souls  of  sacrifice,  wherein  civilization 
hath  its  root  and  whereof  is  its  true  branch,  they  truly  have 
their  symbol  in  that  bush  burning  in  the  desert,  ever  self-con- 
suming and  ever  unconsumed.  Rightly  we  make  the  su- 
preme effort  of  that  war  our  measure.  For  if  our  mind  was 
evil,  the  blows  we  struck  would  have  betrayed  its  evil  counsel ; 
and  as  sheep  know  their  shepherd,  so  do  virtuous  actions 
troop  around  a  virtuous  cause.  If  the  heart  of  the  South 
was  the  black  and  barbarous  thing  her  enemies  have  painted, 
a  spear  of  fire  should  have  discovered  a  shape  so  foul.  That 
heart  has  been  tried  in  the  fire;  it  has  passed  through  the 
fire.  I  would  not  be  guilty,  and  believe  I  am  not  guilty,  of 
irreverence  when  I  say,  that,  in  the  midst  of  the  fiery  ordeal 
into  which  that  heart  was  thrown,  there  was  One  walking  by  it 
in  the  flames  whose  form  was  as  the  Son  of  God.     To  adhere 


42 

to  success  is  easy.  Constancy  under  an  adverse  star  is  the  rare 
and  holy  virtue.  The  standard  of  steadfast  honor  has  been 
borne  aloft  by  men  who  knew  there  was  for  them  no  other  re- 
ward than  the  self-respect  which  only  such  fidelity  can  pur- 
chase. The  heroic  temper  of  that  heart,  and  the  army  it  sup- 
plied, in  victory  and  defeat,  is  a  parable  of  the  constancy  of  the 
human  mind  which  does  us  more  good  to-day  than  all  our 
oppressions  have  done  us  harm. 

THE  STATUE. 

Our  embodiment  of  this  story  is  the  work  before  which  we 
will  stand  to-day  with  uncovered  heads,  and,  I  might  add,  with 
uncovered  hearts.  From  our  own  ranks  sprang  the  genius 
which  has  created  it.  Our  own  fellow-Howitzer  is  our  artist. 
The  companion  of  our  toils  preserves  them  for  us.  He  has 
translated  into  temporal  bronze  the  infinite  meaning  of  our 
struggle  and  sorrow  ;  the  image  of  a  soul  which  can  arm  itself 
against  the  executioner  of  the  body,  as  it  were  the  free  soul 
in  the  captive  body.  The  delicate  and  living  lines,  the  lines 
of  solemn  thought  and  silent  sorrow,  which  unite  and  con- 
verge upon  the  clear  countenance  of  honor,  outline  a  spirit  over 
which  the  great  calm  has  come  of  one  who  has  learned  the 
worst  that  fate  can  do.  It  is  the  truth  which  is  wrought  by 
action  into  a  unanimity  of  soul  and  body,  making  each  a  por- 
trait of  the  other.  There  is  our  Howitzer,  ' '  his  soul  well  knit 
and  all  his  battles  won."  There  he  stands,  waiting  in  silence. 
The  breastwork  he  surmounts  he  has  made  his  own.  He  stands 
upon  the  rampart  which  is  only  built  in  a  people's  heart.  He 
who  stands  there  is  victor.  There  he  stands  with  mute  appeal, 
as  if  to  say,  ' '  The  self  I  sacrifice  is  the  lower  and  transitory 
self  to  the  higher  and  eternal. ' '  A-  prayer  in  bronze  suppli- 
cates the  heavens — that  prayer  of  which  it  has  been  written, 
qui precari  novit,  premi potest  opprimi  non  potest.  A  figure  of 
faith  stands  upon  the  pedestal  of  war.  To  plant  the  hopes  of 
reason  on  the  prophecies  of  the  heart,  as  Leverrier  planted  him- 
self on  the  calculations  of  his  science,  is  faith.  To  follow  the 
heart's  sense  of  rectitude  through  doubt  and  disaster;  to  stand 


43 

in  the  crash  which  drives  virtue  to  despair ;  to  see  the  over- 
throw of  hope,  and  all  its  leaves  of  promise  trampled  like  a  rebel 
in  the  dust,  and  still  not  to  doubt,  not  to  despair,  not  to  rebel, 
is  faith.  In  the  vast  mysteriousness  which  throws  its  deep  but 
tender  shadow  across  our  way  faith  fears  not.  The  very  dark- 
ness is  a  lamp.  On  the  face  of  the  deep  is  felt  a  foothold  from 
an  unknown  world,  and  the  countenance  is  kindled  by  a  sun 
which  is  not  seen.  There  is  a  ritual  which  the  inarticulate 
communion  of  all  natural  things  repeats — the  languages  of  leaf 
and  flower  ;  the  sweet  blossom  of  spring  and  the  sweeter  sor- 
row of  the  falling  year  ;  the  patient  returning  of  the  stars  ; 
the  looks  of  living  and  the  tears  of  silent  things  ;  the  uproar 
of  city  and  of  sea  ;  the  gentleness  around  the  clamor,  seeming 
anger  of  the  universe  ;  the  sweetness  above  its  storms.  We 
dedicate  to-day  a  statue  of  the  soul  and  the  soul's  strength. 
Kneeling  souls  requite  it  with  their  homage.  It  is  our  chapter 
in  the  last  book  of  the  Iliad  of  chivalry.  It  is  our  hero,  on 
whose  face  is  graved  "the  light  of  duty  beautifully  done." 
As  we  draw  aside  the  veil  from  the  martial  form  and  bared 
brow  of  duty,  let  us  also  unveil  the  voice  which  says  :  "  The 
very  light  shall  clothe  thee,  and  the  shadow  of  the  passing  cloud 
shall  be  as  a  royal  mantle.  Thou  shalt  share  in  the  azure  of 
heaven,  and  the  youngest  and  whitest  cloud  of  a  summer's  sky 
shall  nestle  in  thy  bosom.     Thou  belongest  half  to  us." 

The  ceremonies  closed  with  the  benediction  by  Bishop  Ran- 
dolph. 


ADDITIONAL  NOTE. 


British  subjects  continued  to  hold  slaves  at  the  posts  (retained  by  Great  Britain)  in 
the  Northwest  Territory,  unaffected  by  the  ordinance  of  1787,  and  successfully  main- 
tained their  right  to  do  so  before  the  tribunals  of  the  United  States.  ( Choteau  v. 
Pierre,  9  Mo.  3.) 

Few  realize  how  late  was  the  final  disappearance  of  white  slavery  in  the  British 
Isles,  notwithstanding  the  boasted  regeneration  and  redemptive  efficacy  of  the  pre- 
vailing atmosphere.  The  act  for  the  manumission  of  Scotch  colliers,  passed  origin- 
ally in  1775,  was  not  complete  until  a  second  enactment  in  1799.  When  Hugh  Mil- 
ler, in  1824,  left  behind  him  the  hill  of  Cromarty  for  the  village  of  Niddry,  he  found 
there  a  race  of  men  who  still  bore  about  them  what  he  terms  "  the  soil  and  stain  of 
recent  slavery"  ;  and  eighteen  years  later— in  1842— there  was  a  collier  still  living 
whose  father  and  grandfather  had  been  slaves,  and  who  had  himself  been  born  a 
slave.    (Schools  and  Schoolmasters,  p.  305.) 

It  was  not  until  the  year  1779  that  white  slaves  were  enfranchised  in  France,  by  a 
royal  edict,  which  thus  begins  : 

"  We  have  been  greatly  affected  by  the  consideration  that  a  large  number  of  our 
subjects,  still  attached  as  slaves  to  the  Glebe,  are  regarded  as  forming  part  of  it,  as  it 
were ;  that,  deprived  of  the  liberty  of  their  persons  and  of  the  rights  of  property,  they 
themselves  are  considered  as  the  property  of  their  lords,"  &c. 

On  February  26,  1830,  it  was  said  by  Mr.  Smith  in  the  United  States  Senate :  "Nor 
will  I  go  into  the  origin  of  slavery  in  this  country.  If  I  were  to  do  so,  I  might,  with- 
out fear  of  contradiction,  say  that  Plymouth,  the  place  where  the  pilgrims  landed, 
was  the  second  port  at  which  African  slaves  were  bought  and  sold  on  our  shores." 

The  first  statute  establishing  slavery  in  America  is  to  be  found  in  the  Code  of  Fun- 
damentals, or  Body  of  Liberties,  of  the  Massachusetts  Colony  in  New  England. 
(Moore's  History  of  Slavery  in  Massachusetts,  p.  11.) 

The  origin  of  the  fugitive-slave  law  provision  in  the  Federal  Constitution  is  to  be 
traced  to  the  Articles  of  Confederation  of  the  United  Colonies  of  New  England.  ( Id. 
27.) 

"  Manumissions  were  not  allowed  except  upon  security  that  the  freed  should  not 
become  a  burden  to  the  parish."    (Hildreth,  Vol.  II,  419.) 

"  When  Penn,  in  1699,  had  proposed  to  provide  by  law  for  the  marriage,  religious 
instruction,  and  kind  treatment  of  slaves,  he  met  with  no  response  from  the  Quaker 
Legislature.  In  1712,  to  a  petition  in  favor  of  emancipating  the  negroes,  the  Assem- 
bly replied  that  it  was  neither  just  nor  convenient  to  set  them  at  liberty.  ( Id.  420.) 
New  England  rum,  manufactured  at  Newport,  was  profitably  exchanged  on  the 
coast  of  Africa  for  negroes,  to  be  sold  in  the  Southern  Colonies,  and  vessels  sailed  on 
the  same  business  from  Boston  and  New  York."    (Id.  427.) 

The  following  extracts  from  newspapers  illustrate  the  mode  in  which  abolition 
principles  were  applied  in  Massachusetts,  while  anything  remained  to  be  abolished : 

From  the  Independent  Chronicle,  March  9, 1780:  "To  be  sold,  for  want  of  employ- 
ment, an  exceedingly  likely  negro  girl,  aged  sixteen." 

From  the  Continental  Journal,  November  25, 1779 :  "  To  be  sold  a  likely  negro  girl, 
for  no  fault  but  want  of  employment." 

From  the  Continental  Journal,  October  26, 1780:  "To  be  sold  a  likely  negro  boy 


45 

about  thirteen  years  old,  well  calculated  to  wait  on  a  gentleman."    Inquire  of  the 
Printer. 

"  To  be  sold  a  likely  young  cow  and  calf."    Inquire  of  the  Printer. 

In  the  New  York  Gazette,  for  thirty  years  afterwards,  similar  advertisements  may 
be  read. 

At  November  term,  1816,  this  judgment  was  announced : 

"The  children  of  slaves  in  the  late  province  derived  no  settlement  from  their  pa- 
rents."   (AndoveT  v.  Canton,  13  Mass.  547.) 

"At  the  time  of  his  birth  Caesar  was  a  slave,  and  as  such  was  the  property  of  his 
master,  as  much  as  his  ox  or  his  horse.  He  had  no  civil  rights  but  that  of  protection 
from  cruelty."    (Parker,  C.  J.,  Id.  550.) 

"  Slavery  was  introduced  into  this  country  soon  after  its  first  settlement,  and  was 
tolerated  until  the  ratification  of  the  present  Constitution.  The  slave  was  the  prop- 
erty of  his  master,  subject  to  his  orders  and  to  reasonable  correction  for  misbehavior ; 
was  transferable,  like  a  chattel,  by  gift  or  sale,  and  was  assets  in  the  hands  of 
his  executor  or  administrator."  (Parsons,  C.  J.,  in  Winchendon  v.  Hatfield,  4  Mass. 
127.) 

Doubtless  it  would  have  been  something  more  than  human — a  trifle  inhuman— 
if  those  who  had  found  the  profit  of  parting  with  their  slaves  had  failed  to  hold 
up  their  hands  in  holy  horror  at  the  sight  of  those  who  were  weak  enough  to  pur- 
chase them,  or  failed  to  point  to  the  sordid  contrasts  of  civilization  thus  procured. 

Originally,  under  the  Articles  of  Confederation,  the  value  of  the  land  and  improve- 
ments was  made  the  rule  for  apportioning  the  public  taxes ;  but  with  a  view  to 
diminishing  the  burden  in  the  North  and  correspondingly  augmenting  it  in  the  South, 
the  Northern  and  Eastern  States  insisted  that  taxes  should  be  levied  upon  the  prop- 
erty in  slaves.  '  At  their  instance,  and  on  their  motion,  as  will  appear  by  a  reference 
to  the  Journal  of  the  Old  Congress,  the  making  lands  the  rule  was  changed,  and 
people,  including  the  whites  and  three-fifths  of  other  descriptions,  was  adopted." 
(Charles  Pinckney,  in  House  of  Representatives,  February  14, 1820.)  The  taxation 
and  the  representation  were  made  commensurate  in  1787.  "The  Eastern  members 
of  the  Convention  proposed  it ;  they  supported  it,  and  they  modelled  it  to  their 
mind.  It  was  good  and  righteous  whilst  the  Government  was  supported  by  direct 
taxes.  There  were  no  complaints  in  the  years  1798  and  1799,  when  it  was  necessary 
to  resort  to  a  direct  tax  to  support  the  war  then  waged  against  France.  *  *  But 
when  direct  taxes  are  no  longer  necessary,  its  great  deformity  presents  itself. ' '  (Wil- 
liam Smith,  of  South  Carolina,  in  United  States  Senate,  January  26,  1820.) 

The  Constitution  of  1787  was  the  bond  of  union  between  twelve  slave-holding  States 
and  one  non-slave-holding  State,  in  a  federative  system  of  which  the  foundation- 
stone  was  the  equality  of  the  States— the  equal  dignity  and  validity  of  the  institu- 
tions and  rights  of  property  prevailing  in  each.  Certainly  there  was  no  implication 
that,  as  in  the  case  of  Joseph's  brethren,  all  the  other  sheaves  would  stand  around 
and  make  obeisance  to  the  single  one  which  was  so  upright. 
The  third  article  of  the  Louisiana  treaty  contained  this  stipulation : 

"  The  inhabitants  of  the  ceded  territory  shall  be  admitted  into  the  Union  of  the 
United  States,  and  admitted  as  soon  as  possible,  according  to  the  principles  of  the 
Federal  Constitution,  to  the  enjoyment  of  all  the  rights,  advantages,  and  immunities 
of  citizens  of  the  United  States,  and  in  the  meantime  they  shall  be  maintained  in  the 
free  enjoyment  of  their  liberty,  property,  and  the  religion  they  profess." 

When  the  United  States  took  possession  of  the  province  in  1804,  it  was  (as  stated  by 
Rufus  King)  estimated  to  contain  50,000  white  inhabitants  and  40,000  slaves.  The 
bill  to  carry  into  effect  the  convention  of  the  30th  of  April,  1803,  between  the  United 
States  of  America  and  the  French  Republic,  was  opposed  in  both  houses  of  Congress, 
avowedly  on  constitutional  grounds.    In  the  Senate  it  was  urged  by  Mr.  Tracy,  of- 


46 

Connecticut :  "A  number  of  States,  or  independent  sovereignties,  entered  into  a  vol- 
untary association,  or,  to  familiarize  the  subject,  it  may  be  called  a  partnership,  and 
the  Constitution  was  agreed  to  as  the  measure  of  power  delegated  by  them  to  the 
Federal  Government,  reserving  to  themselves  every  other  power  not  by  them  dele- 
gated. *  *  The  object  of  the  original  sovereignties,  or  partners  to  the  compact,  is 
obvious  from  the  Constitution  itself ;  they  united  as  equals  in  power  to  promote  the 
political  welfare  of  all.  *  *  The  words  of  the  Constitution  are  completely  satisfied 
by  a  construction  which  shall  include  only  the  admission  of  domestic  States,  who 
were  all  parties  to  the  Revolutionary  war  and  to  the  compact,  and  the  spirit  of  the 
association  seems  to  embrace  no  other." 

In  the  House  it  was  urged  by  Mr.  Thatcher,  of  Massachusetts  :  "  The  Confederacy 
under  which  we  now  live  is  a  partnership  of  States,  and  it  is  not  competent  to  admit 
a  new  partner  but  with  the  consent  of  all  the  partners." 

"  The  Government  of  this  country,"  said  Griswold,  of  Connecticut,  "is  formed  by 
a  union  of  States,  and  the  people  have  declared  that  the  Constitution  was  established 
to  form  a  more  perfect  union  of  the  United  States.  *  *  It  is  easy  to  conceive  that 
it  must  have  been  considered  very  important  by  the  original  parties  to  the  Constitu- 
tion that  the  limits  of  the  United  States  should  not  be  extended." 

To  this  in  the  House,  it  was  answered  by  Mr.  Nicholson,  of  Maryland :  "In  the 
year  1776,  when  the  United  States  absolved  their  allegiance  to  Great  Britain,  each 
State  became  a  separate  and  independent  sovereignty.  As  independent  sovereign- 
ties, they  had  full  power,  in  the  language  of  the  Declaration  of  Independence,  '  to 
levy  war,  conclude  peace,  contract  alliances,  establish  commerce,  and  do  all  other 
acts  and  things  which  independent  States  might  of  right  do. '  Each  State,  separately 
and  for  itself,  had  all  the  attributes  of  sovereignty,  and  no  man  can  be  hardy  enough 
to  deny  that,  at  that  time,  any  of  the  respective  States  had  the  capacity  to  extend 
its  limits  either  by  conquest  or  by  purchase.  *  *  All  the  rights  which  the  States 
originally  enjoyed  are  either  reserved  to  the  States,  or  are  vested  in  the  General  Gov- 
ernment. If  they  once  had  the,  power  individually  to  acquire  territory,  and  this 
is  now  prohibited  to  them  by  the  Constitution,  it  follows,  of  course,  that  the  power 
is  vested  in  the  United  States."  The  same  argument  was  made  in  the  Senate  by 
John  Taylor,  of  Virginia.  The  bill  was  passed  in  the  House  by  a  vote  of  90  to  25,  or 
nearly  4  to  1 ;  in  the  Senate,  by  a  vote  of  26  to  5,  or  more  than  5  to  1— the  only  States 
voting  against  it  being  Connecticut  and  Delaware,  with  Massachusetts  divided.  It 
was,  therefore,  declared  with  virtual  unanimity  to  be  the  law  of  the  land,  that  the 
right  to  the  ownership  of  slaves,  through  the  whole  of  this  territory,  extending  from 
the  Gulf  to  the  Lakes,  was  as  firmly  secured  as  the  right  to  profess  the  Roman 
Catholic  religion. 

In  addition,  the  legislation  of  Congress  directly  tended  to  increase  and  extend 
such  ownership.  The  original  act  of  March  26,  1804,  for  the  government  of  the  Ter- 
ritory of  Orleans,  interdicted  the  introduction  of  slaves  into  the  Territory,  "  except 
by  a  citizen  of  the  United  States,  removing  into  said  Territory,  for  actual  settlement, 
and  being  at  the  time  of  such  removal  bona  fide  owner  of  such  slave  or  slaves."  But 
the  act  of  March  2,  1805,  repealed  this  qualification  of  the  right  to  import  slaves. 
(9th  Congress,  1st  Session,  p.  472.) 

"  Our  Eastern  friends  employed  immediately  a  large  portion  of  the  shipping  in  that 
trade.  Carolina  had  no  ships  of  consequence  in  that  trade,  but  an  ample  supply 
came  from  the  North  and  East.  *  *  This  repeal,  too,  must  have  been  effected  by 
the  Eastern  members.  *  *  The  Northern  slave-traders  and  the  British  carried  the 
business  on  with  a  high  hand.  *  *  As  soon  as  this  trade  was  cut  off  by  the  act  of 
Congress  of  1807,  the  sinfulness  of  it  presented  itself  in  glaring  colors,  both  with  our 
Eastern  friends  and  the  British."  (William  Smith,  in  the  United  States  Senate, 
January  26, 1820.) 


47 

"Numbers  in  the  Eastern  States  have  been  embarked,  for  some  years  past,  In  the 
cruel  traffic  of  slaves  and  smuggling  tnem  into  other  States."  (David  Bard,  of  Penn- 
sylvania, in  the  House,  February  14, 1804.) 

"  It  may  be  received  as  a  correct  general  idea  on  this  subject  that  the  citizens  of 
the  navigating  States  bring  negroes  from  Africa,  and  sell  them  to  the  inhabitants 
of  those  States  which  are  more  distinguished  for  their  plantations."  (S.  L.  Mitchell, 
of  New  York,  in  the  House,  February  14,  1804.) 

A  full  list  of  the  vessels  which  entered  Charleston  with  cargoes  of  slaves  for  the 
years  1804, 1805, 1806,  and  1807,  was  submitted  to  the  Senate  on  the  8th  of  December, 
1820.  There  were  fifty-nine  vessels  belonging  to  Rhode  Island ;  seventy  British ; 
consignees,  natives  of  Rhode  Island,  eighty-eight ;  consignees,  natives  of  Britain, 
ninety-one.  Ten  vessels  belonged  to  James  D' Wolf,  who  was  elected  Senator  by 
the  Legislature  of  Rhode  Island  in  1820. 

The  bill  to  prohibit  the  further  importation  of  slaves  to  the  country  was  passed 
in  the  House  on  February  13, 1807— yeas,  113 ;  nays,  5.  Of  the  nays  three  were  from 
the  South,  and  two  from  New  England— Silas  Belton,  of  New  Hampshire,  and  Mar- 
tin Chittenden,  of  Vermont. 

"  But  with  all  the  sins  of  holding  slaves,  we  have  not  that  of  going  to  Africa  for 
them.  They  have  been  brought  to  us  by  the  citizens  of  the  States  which  hold  none. 
The  only  time,  in  Congress,  that  I  ever  heard  the  slave  trade  defended,  was  by  a 
member  from  the  same  State  with  the  gentleman  from  Rhode  Island.  *  *  A  bill 
was  reported  in  the  Senate  to  whip  those  who  might  be  in  any  way  engaged  in  it. 
The  whipping  was  struck  out  (not  by  the  votes  of  those  who  represented  slave  States), 
because  a  rich  merchant  might  be  convicted,  and  it  would  not  do  to  whip  a  gentle- 
man."   (Nathaniel  Macon,  in  Senate,  January  20, 1820.) 

Prior  to  this  time,  viz.,  on  the  8th  of  February,  1803,  the  memorial  of  a  Convention 
of  the  State  of  Indiana,  praying  the  suspension  of  the  sixth  article  of  the  compact 
of  1787,  so  as  to  admit  slaves  for  a  limited  time  into  the  Territory,  had  been  com- 
municated to  Congress  by  William  Henry  Harrison.  John  Randolph,  from  the 
committee  to  whom  the  question  was  referred,  reported  on  March  2, 1803,  that  it 
was  inexpedient  to  suspend  the  same ;  that  the  labor  of  slaves  was  not  necessary  to 
promote  the  growth  of  that  region;  "that  this  labor,  demonstrably  the  dearest  of 
any,  can  only  be  employed  to  advantage  in  the  cultivation  of  products  more  valu- 
able than  any  known  to  that  quarter  of  the  United  States."  Such  was  the  longing 
of  the  so-called  "  slave  power  "  to  commit  aggression.  In  1805  and  1806,  the  applica- 
tion was  renewed  by  the  Territorial  authorities. 

On  January  20, 1807,  the  Speaker  laid  before  the  House  a  letter  from  William 
Henry  Harrison,  Governor  of  Indiana  Territory,  enclosing  the  unanimous  resolu- 
tions of  the  Legislature,  of  which  the  third  was,  "  That  the  suspension  of  the  said 
article  would  be  equally  advantageous  to  the  Territory,  to  the  States  from  whence 
the  negroes  would  be  brought,  and  to  the  negroes  themselves."  On  the  12th  of 
February,  1807,  Mr.  Parke,  of  Indiana,  reported  that  it  was  expedient  to  suspend 
the  said  article  for  a  period  of  ten  years.  The  record  shows  no  opposition  nor  any 
final  action. 

Whatever  may  have  been  finally  the  case  in  Indiana— and  there  are  some  signs 
that  under  laws  for  the  regulation  of  Negroes  a  system  of  servitude  existed— it  is  a 
fact  of  which  very  slender  notice  has  been  taken,  that  so  much  of  the  Northwest 
Territory  as  was  included  in  the  State  of  Illinois  was  admitted  into  the  Union  under 
a  constitution  which  sanctioned  slavery.  "The  act  of  accepting  the  Constitution  of 
this  State  and  admitting  it  into  the  Union  by  Congress,  abrogated  so  much  of  the 
ordinance  of  1787  as  is  repugnant  to  that  Constitution."  (Phoebe  v.  Jay,  1  Breese,  268.) 
As  late  as  December  term,  1828,  the  Supreme  Court  of  Illinois  decided,  that  negroes 
and mulattoes  who  were  registered  servants  might  be  sold  as  slaves.    "No  doubt 


48 

can  exist  that  the  Legislature  acted  upon  the  supposition  that  registered  servants 
were  regarded  as  property  which  might  be  seized  and  sold.  And  no  good  reason  is 
perceived  why  these  servants  should  be  liable  to  attachments,  and  not  be  liable  to 
sale  on  executions  obtained  by  the  ordinary  prosecution  of  a  suit."  {Nance  v.  How- 
ard, 1  Breese,  245.)  The  Illinois  court  cites  approvingly  the  language  of  Kent :  "  If  it 
is  otherwise,  the  debtor  is  possessed  of  a  false  token,  and  the  creditor  is  deceived." 
{Id.  246.)  Illinois  was  so  admitted  on  November  23,  1818.  Mr.  Tallmadge,  of  New 
York,  opposed  the  admission  on  the  ground  that  three  several  sections  of  the  Consti- 
tution "embraced a  complete  recognition  of  existing  slavery,  if  not  provisions  for 
its  future  introduction  and  toleration."  Mr.  Harrison,  of  Ohio,  said  in  reply :  "  In 
regard  to  the  supposed  compact,  however,  and  its  efficacy,  he  had  always  considered 
it  a  dead  letter." 

Illinois  was  admitted  by— yeas,  117 ;  nays,  34.  No  agitation  was  created  by  this 
admission  of  a  distinctly  Northern  State.  But  the  Union  was  shaken  from  centre  to 
circumference  by  the  agitation  to  compass  the  exclusion  of  Missouri  the  very  next 
year.  In  respect  to  Illinois,  there  was  an  existing  compact  (whether  the  same  was- 
competently  or  incompetently  enacted)  that  slavery  should  be  excluded  therefrom. 
In  respect  to  Missouri,  there  was  the  obligation  of  contract  to  secure  the  existing 
slave  property  therein.  But  the  law  was  ignored  to  admit  Illinois,  and  the  treaty  of 
cession  was  sought  to  be  repudiated  to  exclude  Missouri. 

In  1830,  Benton  said :  "The  State  of  Missouri  was  kept  out  of  the  Union  one  whole 
year,  for  the  clause  which  prohibited  the  future  entry  and  settlement  of  free  people 
of  color.  And  what  have  we  seen  since?  The  actual  expulsion  of  a  great  body  of 
free  colored  people  from  the  State  of  Ohio,  and  not  one  -word  of  objection,  not  one 
note  of  grief.  *  *  The  papers  state  the  compulsory  expatriation  from  Cincinnati 
at  two  thousand  souls ;  the  whole  number  that  may  be  compelled  to  expatriate  from 
the  State  of  Ohio  at  ten  thousand.  This  is  a  remarkable  event,  paralleled  only  by 
the  expulsion  of  the  Moors  from  Spain  and  the  Huguenots  from  France.  *  *  The 
Senator  from  Massachusetts  (Mr.  W.),  so  copious  and  encomiastic  upon  the  subject 
of  Ohio,  so  full  and  affecting  upon  the  topic  of  freedom,  and  the  rights  of  freemen 
in  that  State,  was  incomprehensibly  silent  and  fastidiously  mute  upon  the  question 
of  this  wonderful  expatriation— an  expatriation  which  sent  a  generation  of  free 
people  from  a  republican  State  to  a  monarchical  province." 

In  the  same  debate  Felix  Grundy  said :  "I  have  in  my  hand  the  memorial  of  two 
thousand  free  people  of  color,  resident  in  Ohio,  praying  this  Congress  to  provide 
them  funds  to  enable  them  to  remove  to  Canada,  because  they  cannot  remain  in  the 
State  of  Ohio,  on  account  of  the  severity  of  the  laws  imposed  upon  them.  *  *  The 
State  of  Indiana  has  forwarded  its  memorial  asking  Congress  for  aid  to  remove  the 
free  people  of  color,  now  in  that  State,  to  Liberia." 

The  writer  who  approved  the  action  of  the  Massachusetts  Senate  in  refusing  a  vote 
of  thanks  to  Lawrence  for  the  capture  of  the  "  Peacock,"  who  approved  the  action 
of  the  Governor  and  Council  in  withholding  their  presence  from  the  funeral  of  the 
hero,  whose  last  words  were,  "Don't  give  up  the  ship,"  as  he  fell  upon  his  deck, 
was  clearly  no  partisan  of  Jefferson  ;  but  by  him  Jefferson's  view  of  the  Missouri 
agitation  is  confirmed. 

"  Jealousy  of  Southern  domination  had,  as  we  have  seen,  made  the  Northern  Fed- 
eralists dissatisfied  with  the  purchase  of  Louisiana.  *  *  The  keeping  out  of  new 
States,  and  the  alteration  of  the  Constitution  as  to  the  basis  of  representation,  *  * 
were  projects  too  hopeless,  as  well  as  too  unpopular  in  their  origin,  to  be  renewed. 
The  extension  to  the  new  territory  west  of  the  Mississippi,  of  the  ordinance  of  1787 
against  slavery,  seemed  to  present  a  much  more  feasible  method  of  accomplishing 
substantially  the  same  object.  This  idea,  spreading  with  rapidity,  still  further 
obliterated  old  party  lines,  tending  to  produce  at  the  North  a  political  union,  for 


49 

which  the  Federalists  had  so  often  sighed.  *  *  Otis,  of  Massachusetts,  who  at  the 
last  session,  as  well  as  on  several  occasions  before,  had  exhibited  his  strong  sympa- 
thy for  the  slave-holders,  of  which,  indeed,  he  lived  to  give  still  further  proofs,  now, 
on  behalf  of  a  Northern  ascendency,  and  with  the  prospect  of  a  new  political  party 
on  that  basis,  exerted  all  his  eloquence  against  them."    (Hildreth,  Vol.  VI,  p.  683.) 

It  is  worth  Avhile  to  note  some  of  the  arguments  employed.  Thus,  in  the  House, 
by  the  advocates  of  the  restriction,  it  was  said :  "  No  attribute  of  sovereignty  is  more 
important  than  that  which  is  exercised  in  the  admission  of  new  parties  to  the 
Federal  compact.  It  was  reserved  for  America  to  exhibit  on  an  extensive  scale  an 
example  of  independent  States  uniting  for  the  general  welfare."  (Mr.  Taylor,  of 
New  York,  January  27, 1820.) 

"The  Constitution,"  said  Mr.  Gross,  of  New  York,  February  11,  1820,  "maybe 
regarded  as  a  compact  between  the  original  States." 

"  The  admission  of  a  new  State  into  the  Union  is  no  act  of  legislation,  but  a  com- 
pact merely.  The  parties  are  :  Congress,  in  behalf  of  the  United  States,  on  the  one 
hand,  and  the  new  State  on  the  other.  *  *  The  Federal  Constitution  itself  was 
merely  a  compact  between  the  thirteen  original  members  of  the  Union."  (Mr.  Ful- 
ler, of  Massachusetts,  February  24, 1820.) 

"I  ask,  whose  welfare  is  here  contemplated?  To  this  only  one  answer  can  be 
given  :  The  welfare  of  those  who  framed  and  adopted  this  instrument— the  welfare 
of  the  parties  to  the  Confederation.  *  *  And  who  or  what  is  Missouri  ?  She  is,  as 
to  us  on  the  present  occasion,  an  independent  power.  We,  at  her  request,  meet  her, 
and  treat  with  her,  as  such."    (Mr.  Edwards,  of  Connecticut,  February  21, 1820.) 

On  the  other  side  it  was  said :  "  I  much  fear,  notwithstanding  all  your  solemn 
asseverations,  a  scrutinizing  public  will  assign  other  views,  other  notions ;  and  what 
more  probable  than  that  unhallowed  one  of  political  ascendency  ?  And  it  is  to  be 
feared  that  a  lurking  ambition,  the  bane  of  all  governments,  has  had  too  great  an 
influence  in  this  debate.  *  *  In  persisting  in  our  restriction  on  Missouri,  are  we 
dealing  to  our  brethren  of  the  South  the  same  measures  we  would  be  willing  they 
should  make  to  us  ?  When  with  magnanimity  unparalleled  they  have  conceded  to 
us  nine-tenths  of  this  great  common  property,  can  we  wish  to  deprive  them  of  the 
remainder?  *  *  In  that  great  political  strife  which  so  long  agitated  the  councils 
of  the  nation,  and  at  times  threatened  to  tear  asunder  the  social  compact,  have  our 
friends  of  the  South  ever  deceived  us  ?  *  *  In  drawing  the  cordon  of  restriction 
around  the  present  slave-holding  States,  are  we  not  violating  their  rights,  increasing 
their  apprehensions,  and  weakening  their  moral  force?  This  is  not  Christian 
charity ;  it  will  not  ameliorate  the  condition  of  the  slave."  (Mr.  Kinsey,  of  New 
Jersey,  March  2, 1820.) 

"  Is  it  not  probable  that  there  are  some  jugglers  behind  the  screen  who  are  play- 
ing a  deeper  game— who  are  combining  to  rally  under  this  standard,  as  the  last  re- 
sort, the  forlorn  hope  of  an  expiring  party  ?  *  *  At  the  Revolution  the  rights  of 
the  crown  vested  in  the  States.  *  *  The  doctrine  that  the  Revolution  is  not  the 
origin  but  the  perfection  of  the  State  governments,  and  that  the  States  are  the  suc- 
cessors as  well  of  the  crown  as  the  colonies,  has  been  so  long  and  so  well  established, 
that  it  is  considered  the  foundation  not  only  of  political  power  but  of  private  right. 
*  *  Confine  the  slaves  in  the  old  slave-holding  States  where  they  are  the  most, 
numerous ;  the  constant  emigration  of  the  whites  will  soon  bring  them  to  an. 
equality  with  their  slaves.  Emigration  will  increase  with  the  danger ;  and  murder 
and  massacre  will  succeed.  And  yet  we  can  look  on  and  see  this  storm  gathering  ; 
hear  its  thunders,  and  witness  its  lightnings  with  great  composure,  with  wonderful 
philosophy  !  We  are  aware,  gentlemen,  that  we  are  diffusing  sentiments  which  en- 
danger your  safety,  happiness,  and  lives ;  nay  more,  the  safety,  happiness,  and  lives, 
of  those  whom  you  value  more  than  your  own.    But  it  is  a  constitutional  question.. 

4 


50 

Keep  cool.  We  are  conscious  that  we  are  inculcating  doctrines  that  will  result  in 
spilling  the  best  of  your  blood ;  but  as  this  blood  will  be  spilt  in  the  cause  of  human- 
ity, keep  cool.  We  have  no  doubt  that  the  promulgation  of  these  principles  will  be 
the  means  of  cutting  your  throats ;  but  as  it  will  be  done  in  the  most  unexception- 
able manner  possible,  by  your  slaves,  who  will  no  doubt  perform  the  task  in  great 
style  and  dexterity,  and  with  much  delicacy  and  humanity,  too,  therefore  keep 
cool.  *  *  I  trust  I  have  succeeded  in  proving  that  Congress  cannot  restrict  a  State 
which  was  party  to  the  compact.  *  *  It  now  becomes  necessary  to  show  that  a 
new  State,  on  admission  into  the  Union,  succeeds  to  all  the  disabilities  and  duties, 
and  all  the  rights  and  powers,  of  one  which  was  party  to  the  compact.  *  *  Abso- 
lute power  of  Congress,  and  from  Boston,  too?  Most  of  these  gentlemen  have 
changed  their  tone  since  1812, 1813,  and  1814.  Then  their  jealousy  of  Congress  was 
such  that  they  would  not  allow  them  to  determine  when  the  country  was  in  danger 
of  invasion,  but  confined  this  power  to  the  exclusive  discretion  of  their  governor. 

*  *  Ambitious,  desperate  men  may  take  advantage  of  popular  excitement,  and, 
after  all  other  schemes  have  failed  them,  succeed  by  producing,  the  worst  of  all,  a 
geographical  division  of  party,  and  rise  to  power  under  its  banners."  (Mr.  Holmes, 
of  Massachusetts,  January  27, 1820.) 

At  this  date  the  two  great  jurists  in  the  United  States  Congress  were  John  Sergeant 
and  William  Pinkney— Sergeant  in  the  House  and  Pinkneyin  the  Senate.  They 
differed  in  their  conclusions,  but  derived  their  arguments  from  the  common  prem- 
ises that  the  Constitution  was  a  compact.  "The  admission  of  the  State,"  said  Ser- 
geant, "  is  itself  a  compact,  as  the  Constitution  of  the  United  States  was  a  compact 
between  the  existing  States.  *  *  The  Constitution  of  the  United  States,  though  in 
form  the  work  of  the  people  (who  made  it  their  own  by  adoption),  was  a  compact 
between  States.  It  was  made  by  delegates  chosen  by  the  States.  The  votes  in  the 
Convention  were  given  by  the  States.  It  was  submitted  to  the  States  for  their  ratifi- 
cation ;  and  its  existence  depended  upon  the  sanction  of  a  certain  number  of  the 
States.  These  States  were  sovereign.  *  *  Before  the  confederation  the  thirteen 
States  who  composed  it  were  in  all  respects  sovereign  and  independent  States,  pos- 
sessing all  the  attributes  of  sovereignty.  The  confederation  was  of  sovereign  and 
independent  States.  *  *  The  Constitution  was  thus  the  creature  of  the  States— the 
work  of  their  own  hands.  But  what  is  a  new  State?  It  is  the  creature  of  the  Con- 
stitution, deriving  from  the  Constitution  its  existence  and  all  its  rights." 

"  What,  then,"  said  Pinkney,  "  is  the  professed  result?  To  admit  a  State  into  this 
Union.  What  is  this  Union  ?  A  confederation  of  States  equal  in  sovereignty— capable 
of  everything  which  the  Constitution  does  not  forbid  or  authorize  Congress  to  forbid. 
It  is  an  equal  union  between  parties  equally  sovereign.  They  were  sovereign  inde- 
pendently of  the  Union.  *  *  By  acceding  to  it  the  new  State  is  placed  on  the  same 
footing  with  the  original  States.  It  accedes  for  the  same  purpose— i.  e.,  protection 
for  their  unsurrendered  sovereignty.  If  it  comes  in  shorn  of  its  beams— crippled  and 
disparaged  beyond  the  original  States— it  is  not  into  the  original  Union  that  it  comes. 
For  it  is  a  different  sort  of  union.  The  first  was  union  inter  pares.  This  is  a  union 
between  disparates.  *  *  It  is  into  '  this  Union '— i.  e.,  the  Union  of  the  Federal 
Constitution,  that  you  are  to  admit  or  refuse  to  admit.    You  can  admit  into  no  other. 

*  *  You  can  prescribe  no  terms  which  will  make  the  compact  of  union  between  it 
and  the  original  States  essentially  different  from  that  compact  among  the  original 
States." 

Other  speeches  followed  in  the  Senate,  but  opposition  there  was  virtually  silenced 
by  the  invincible  genius  of  this  incomparable  man.  Like  John  Randolph  and 
Thomas  Jefferson,  Pinkney  himself  was  an  emancipationist  within  the  borders  of 
his  own  State,  and  as  such  was  cited  as  an  authority  by  the  Abolitionists  of  1850. 
But  the  difference  between  him  and  them  was  that  Pinkney  esteemed  abolition 


51 

dearly  purchased  by  the  subversion  of  the  Federal  compact  he  had  sworn  to  support, 
and  would  not  lend  his  aid  to  measures  which  required  him  to  lay  perjury  to  his 
soul.  As  Fisher  Ames  said  in  respect  to  the  diminution  of  another  Federal  feature : 
"A  consolidation  of  the  States  would  ensue,  which  it  is  conceded  would  subvert  the 
new  Constitution." 

The  language  cited  from  the  Louisiana  and  Missouri  debates  was  the  wonted  speech 
of  the  framers  of  the  Constitution — of  those  who  composed  what  Hamilton  terms, 
in  the  concluding  number  of  the  Federalist,  "the  compacts  which  are  to  em- 
brace thirteen  distinct  States  in  a  common  bond  of  amity  and  union. ' '  In  the  origin  of 
the  Federal  Government  there  was  no  room  for  doubt  as  to  the  nature  of  the  assent 
whereby  it  was  organized.  There  was  little  doubt  about  the  historical  fact,  when, 
on  the  10th  of  December,  1802,  Gouverneur  Morris  wrote  "that  the  Constitution  was 
a  compact,  not  between  solitary  individuals,  but  between  political  societies — the 
people — not  of  America,  but  of  the  United  States,  each  enjoying  sovereign  power, 
and,  of  course,  equal  rights."  Nor  when  he  said  in  the  Senate  :  "  Let  this  compact 
be  destroyed,  and  each  State  becomes  instantaneously  vested  with  absolute  author- 
ity." Nor  when  he  further  said :  "  For  I  knew  that  if  America  should  be  brought 
under  one  consolidated  government,  it  could  not  continue  to  be  a  republic."  This 
was  familiar  history  when,  on  December  8, 1803,  Mr.  Griswold,  of  Connecticut,  said 
in  the  House :  "  Our  Government  is  in  fact  a  confederacy,  and  as  such  we  are  bound 
to  respect  the  rights  of  each  party  to  the  compact." 

Nor  was  such  mode  of  speech  at  all  unusual  in  the  decade  succeeding  the  Missouri 
bill.  It  was  but  natural  for  Rufus  King,  on  the  18th  of  March,  1824,  to  refer  to  "  the 
established  provisions  of  the  compact  by  which,  under  the  guarantee  of  all  to  each, 
the  States  expected  to  remain  separate,  coequal,  and  sovereign  republics."  On  the  9th 
of  March,  1826,  Edward  Everett  spoke  of  the  limitation  of  the  amending  power  grow- 
ing out  of  the  nature  of  the  Constitution  as  a  compact,  and  deprecated  the  day  "  when 
the  parties  to  this  compact  shall  feel  that  it  has  wholly  failed  of  attaining  its  essen- 
tial objects."  "The  Constitution  of  the  United  States,"  he  wrote  to  Jefferson,  "  is  a 
compact  of  independent  nations."  Mr.  Pearce,  of  Rhode  Island,  on  the  14th  of 
March,  1826,  quoted  and  adopted  the  language  of  Governor  Griswold,  of  Connecticut : 
"  The  Constitution  of  the  United  States  is  a  compact  formed  by  the  several  States,  to 
and  for  the  general  good."  And  on  the  28th  of  the  same  month  Mr.  Whipple,  of  New 
Hampshire :  "  The  States  of  the  Federal  Union  ought  not  to  be  asked,  and  certainly 
cannot  be  expected  to  submit,  to  a  change  of  the  Federal  compact.  *  *  When  we 
talk  of  the  people,  in  relation  to  the  Constitution  of  the  United  States,  we  intend  only 
the  people  of  the  individual  States,  and  not  the  integral  population  of  the  whole 
country  under  its  federative  form."  "  The  parties  to  this  compact,"  said  Mr.  Storrs, 
of  New  York,  February  17, 1826,  "  came  together  in  the  character  of  separate,  inde- 
pendent sovereignties.  They  were  distinct  sovereign  communities  of  people.  *  *  The 
Constitution  throughout  speaks  of  the  parties  to  the  compact  in  the  character  of  such 
distinct  State  communities.  It  was  to  be  ratified  by  the  conventions  of  the  States." 
The  House  of  Representatives  is  composed  of  members  chosen  by  "  the  people  "  of  the 
' •  several  States. ' '  Representation  and  direct  taxes  were  to  be  apportioned  among  the 
people  of  the  several  "States."  Each  "State"  shall  have  at  least  one  Representa- 
tive. The  Senate  shall  be  composed  of  two  Senators  from  "  each  State,"  chosen  by 
the  Legislature  thereof."  "  Let  us,"  said  Christopher  Gore,  in  1814,  "  examine  this 
question  by  the  Constitution.  *  *  All  the  powers  and  authorities  communicated 
to  this  Government  are  contained,  defined,  and  limited  to  this  compact."  "  With  a 
Constitution  made  merely  for  defence,"  said  Josiah  Quincy,  in  1813,  "  it  is  impossible 
that  an  association  of  independent  sovereignties,  standing  in  such  relations  to  each 
other,  should  not  have  the  principles  of  its  union  and  the  hopes  of  its  Constitution 
materially  affected  by  the  collection  of  a  large  military  force,  &c."     '  There  is  not  a 


52 

feature  of  our  Government,"  said  Griswold,  in  1803,  "more  strongly  marked  than 
this  of  its  confederation,  nor  any  to  which  the  people  are  more  strongly  attached. 
*  *  The  States  always  have,  and  probably  will  continue  to  preserve  with  jealousy 
their  sovereignty  and  independence.  *  *  The  federative  principle  remains  the 
great  and  leading  feature  of  the  Constitution." 

In  1820,  the  General  Assembly  of  Ohio  resolved  that  they  "recognize  and  approve 
the  doctrines  asserted  by  the  Legislatures  of  Kentucky  and  Virginia,  in  the  resolu- 
tions of  November  and  December,  1798,  and  January,  1800,  and  do  consider  that 
their  principles  have  been  recognized  and  adopted  by  a  majority  of  the  American 
people." 

Calhoun,  therefore,  simply  uttered,  as  was  his  habit,  impregnable  truth,  when,  on 
the  22d  of  January,  1833,  he  laid  down  his  resolution:  "That  the  people  of  the 
several  States  composing  these  United  States  are  united  as  parties  to  a  constitutional 
compact,  to  which  the  people  of  each  State  acceded  as  a  separate  sovereign  com- 
munity, each  binding  itself  by  its  own  particular  ratification ;  and  that  the  union, 
of  which  the  said  compact  is  the  bond,  is  a  union  between  the  States  ratifying  the 
same." 

In  reply,  Mr.  Webster  was  forced  to  inaugurate  a  revolt  against  the  truth  of  his- 
tory, and  pre-eminently  of  history  as  written  by  New  England,  in  denying  that  the 
Constitution  was  a  compact  between  the  people  of  the  several  States,  or  that  any 
State  had  acceded  to  it.  He  clearly  saw  that  Calhoun's  conclusion  followed  inex- 
orably from  his  premises.  "If,"  said  Webster,  "in  adopting  the  Constitution,  noth- 
ing was  done  but  acceding  to  a  compact,  nothing  would  seem  necessary,  in  order  to 
break  it  up,  but  to  secede  from  it."  The  language  of  Washington  and  Marshall, 
referring  to  the  adoption  of  the  Constitution  by  North  Carolina,  as  the  accession  of 
North  Carolina,  was  explained  by  saying,  that  as  North  Carolina  did  not  adopt  the 
Constitution  until  after  the  government  went  into  operation,  "there  was  propriety, 
therefore,  perhaps,  in  calling  her  adoption  of  the  Constitution  an  accession."  The 
logic  of  this  would  be  that  North  Carolina,  and  all  other  States  since  admitted,  did 
accede,  and,  therefore,  may  secede— have  by  posteriority  rights  which  those  prior 
in  time  do  not  possess.  But  the  same  language  was  applied  to  the  original  parties 
to  the  Constitution.  On  June  9,  1788,  Franklin  wrote :  "An  eighth  State  has  since 
acceded,  and  when  a  ninth  is  added  the  Constitution  will  be  carried  into  execu- 
tion." 

On  December  7, 1787,  Washington  wrote  to  Madison :  "If  these  (Pennsylvania, 
Delaware,  Georgia,  North  and  South  Carolina),  with  the  States  eastward  and  north- 
ward of  us,  should  accede  to  the  Federal  Government."  And  on  the  10th  of  Jan- 
uary, 1788,  he  wrote  again  to  Madison :  "Of  all  the  arguments  that  may  be  used  at 
the  Convention  which  is  to  be  held,  the  most  prevailing  one,  I  expect,  will  be  that 
nine  States,  at  least,  will  have  acceded  to  it."  "God  grant,"  wrote  Hamilton  to 
Madison,  "that  Virginia  may  accede."  Jefferson  wrote  to  Rutiedge:  "I  congrat- 
ulate you  on  the  accession  of  your  State  to  the  new  Federal  Constitution  "  ;  and  in 
his  communication  of  May  23,  1792,  to  Washington,  he  refers  to  "  the  limitations  im- 
posed by  the  Constitution  on  the  general  legislature,  limitations  on  the  faith  of 
which  the  States  acceded  to  that  instrument."  -"  Every  independent  community," 
said  Otis  (of  Massachusetts),  in  1820,  "  is  a  State.  *  *  Now,  the  condition  of  the 
United  States  and  its  territory  at  the  time  of  forming  the  Constitution  was  this  ; 
some  of  the  existing  States  might  not  at  first  accede  to  it." 

It  must  be  conceived  that  the  architects,  the  advisers,  the  sponsors  in  baptism  of 
the  Constitution,  were  able  to  render  an  account  of  the  business  and  the  terms  upon 
which  it  was  promulgated  and  accepted.  The  result  of  the  war,  it  is  said,  has 
finally  adjudicated  that  Webster  was  right.  But  it  is  obvious  that  such  an  adjudi- 
cation must  proceed  upon  the  ground  that  the  contemporaneous  actors  in  this  history 


53 

strangely  misconceived  the  nature  of  the  acts  of  which  they  were  themselves  such 
representative  agents. 

The  memorial  to  Congress  "from  the  Legislature  of  the  free  and  independent 
Commonwealth  of  Massachusetts,"  read  by  Mr.  Pickering  in  the  House,  June  29, 
1813,  plants  itself  upon  the  historical  fact  that  the  Constitution  is  a  compact  to  which 
the  States  are  parties.  On  January  19,  1814,  Mr.  Wright,  of  Maryland,  said :  "  The 
honorable  gentleman  from  New  Hampshire  (Mr.  Webster)  has  told  us  that  the  Con- 
stitution is  a  compact." 

In  the  memorial  to  Congress  prepared  by  Webster,  in  1819,  he  had  said:  "The 
Constitution  provides  that '  new  States  may  be  admitted  into  the  Union.'  The  only 
parties  to  the  Constitution  contemplated  by  it  originally  were  the  thirteen  Confed- 
erated States."    *    *    * 

Nor  could  Mr.  Webster  afterwards  emancipate  himself  from  the  native  tongue  of 
freedom.  The  North  finds  itself,  he  said  in  1850,  "  where  it  did  not  expect  to  find 
itself  when  they  agreed  to  the  compact  of  the  Constitution."  In  keeping  with  this 
was  his  speech  at  Capon  Springs,  in  1851,  that  the  South,  in  the  case  put,  "  would  no 
longer  be  bound  to  keep  the  compact.  A  bargain  broken  on  one  side  is  broken  on 
all  sides." 

The  resolutions  of  the  Massachusetts  Legislature  in  1844,  as  to  the  annexation 
of  Texas,  begin : 

"Resolved,  That  the  Commonwealth  of  Massachusetts,  faithful  to  the  compact 
between  the  people  of  the  United  States,  according  to  the  plain  meaning  and  intent 
in  which  it  was  understood  and  acceded  to  by  them,  is  sincerely  anxious  for  its  pres- 
ervation ;  but  that  it  is  determined,  as  it  doubts  not  the  other  States  are,  to  submit 
to  undelegated  powers  in  no  body  of  men  on  earth."  Six  years  later  the  ground  of 
objection  to  this  annexation  was  re-stated  by  Washington  Hunt  in  accepting  his 
nomination  by  the  Whigs  for  Governor  of  New  York  (October  11,1850)  :  "We  re- 
garded these  measures  as  incompatible  with  our  just  rights  under  the  federal  com- 
pact." 

The  vote  was,  in  substance  and  effect,  taken  on  Calhoun's  resolution,  for  the  first 
time,  in  the  first  of  the  series  submitted  to  the  Senate,  in  January,  1838.  Eighteen 
States  voted  for  it  and  six  against  it. 

It  is  not  surprising,  therefore,  that  the  latest  biographer  of  Webster  has  felt  con- 
strained to  admit  that  his  premises  were  unsound. 

"  It  was  probably  necessary — at  all  events,  Mr.  Webster  felt  it  to  be  so — to  argue 
that  the  Constitution  at  the  outset  was  not  a  compact  between  the  States,  but  a 
national  instrument.  *  *  Unfortunately  the  facts  were  against  him.  *  *  When 
the  Constitution  was  adopted  by  the  votes  of  States  at  Philadelphia,  and  accepted 
by  the  votes  of  States  in  popular  conventions,  it  is  safe  to  say  that  there  was  not  a 
man  in  the  country,  from  Washington  and  Hamilton  on  the  one  side,  to  George 
Clinton  and  George  Mason  on  the  other,  who  regarded  the  new  system  as  anything 
but  an  experiment  entered  upon  by  States,  and  from  which  each  and  every  State 
had  a  right  peaceably  to  withdraw— a  right  which  was  very  likely  to  be  exercised. 
(Lodge,  p.  166.) 

The  trouble  has  been  that  in  1861  the  South  retained  the  views  of  the  Constitution 
shared  by  Washington  and  Hamilton,  George  Clinton  and  George  Mason.  This,  and 
this  only,  was  the  Constitution  her  sons  had  sworn  to  support ;  this,  and  this  only, 
was  the  Constitution  to  which  the  States  of  the  Union  had  acceded  ;  this,  and  not 
some  other  constitution,  not  made  by  the  Convention  of  1787,  nor  any  other  conven- 
tion—not ratified  by  any  Commonwealth — some  vague,  independent  constitution 
made  by  what  is  mysteriously  termed  "the  change  of  times  and  popular  concep- 
tion." The  trouble  has  been  that  the  whole  war  waged  by  Northern  members 
against  the  South  was  like  the  reconstruction  enacted  by  them  afterwards — "  outside 
the  Constitution"  they  had  sworn  to  support. 


54 


ii. 

Cotemporaneous  exposition  proving  so  very  unsatisfactory  and  defective,  a  school 
or,  as  it  were,  convention  of  historians  is  composed  to  form  a  more  perfect  history, 
with  the  undesirable  parts  left  out.  From  this  expurgated  and  reconstructed  his- 
tory it  appears  that  "the  States  have  their  status  in  the  Union,  and  they  have  no 
other  legal  status  "  ;  that  "  the  Union  is  older  than  the  States,  and,  in  fact,  it  created 
them  as  States."  (Message,  July  4, 1861.)  Nothing  short  of  an  Ecumenical  Council 
could  make  this  theory  the  solution  of  the  condition  with  which  history  confronts 
us.  The  treaty  with  France,  signed  the  6th  of  February,  1778,  begins:  "The  most 
Christian  King  and  the  United  States  of  North  America,  to-wit :  New  Hampshire," 
&c.  (naming  the  thirteen  States),  "having  this  day  concluded,"  &c.  "  The  essential 
and  direct  end  of  the  present  defensive  alliance  is  to  maintain  effectually  the  liberty, 
sovereignty,  and  independence,  absolute  and  unlimited,  of  the  said  United  States." 
The  treaty  with  Great  Britain,  concluded  at  Paris  September  3,  1783,  is:  "His 
Britannic  Majesty  acknowledges  the  said  United  States,  viz. :  New  Hampshire,"  &c. 
(naming  each  State),  "  to  be  free  and  independent  States;  that  he  treats  with  them  as 
such."  Can  it  be  that  the  parties  to  these  treaties  knew  not  who  were  contracting, 
nor  what  was  meant  by  the  Declaration  of  the  Conquering  Thirteen  that  they  were, 
"  and  of  a  right  ought  to  be  free  and  independent  Stales"  (not  a  free  and  independent 
State)  ?  If  such  a  question  needed  judicial  determination,  nothing  could  be  more 
clearly  and  competently  adjudicated  than  this  was  by  the  Supreme  Court  in  Wash- 
ington's administration. 

"It  has  been  conceded,"  said  Marshall  for  the  defendant  in  error,  "that  inde- 
pendent nations  have,  in  general,  the  right  of  confiscation ;  and  that  "Virginia,  at 
the  time  of  passing  her  law  (October  20,  1777)  was  an  independent  nation." 

By  the  Court  (Chace,  J.) :  "I  am  of  opinion  that  the  exclusive  right  of  confisca- 
ting during  the  war  all  and  every  species  of  British  property,  within  the  territorial 
limits  of  Virginia,  resided  only  in  the  Legislature  of  that  Commonwealth,  *  * 
as  the  people  of  that  country  were  the  genuine  source  and  fountain  of  all  power 
that  could  be  rightfully  exercised  within  its  limits.  *  *  In  June,  1776,  the  Con- 
vention of  Virginia  formally  declared  that  Virginia  was  a  free,  sovereign,  and  inde- 
pendent State ;  and  on  the  4th  of  July,  1776,  following,  the  United  States,  in  Con- 
gress assembled,  declared  the  Thirteen  United  Colonies  free  and  independent  States, 
and  that  as  such,  &c.  I  consider  this  as  a  declaration,  not  that  the  United  Colonies 
jointly,  in  a  collective  capacity,  were  independent  States,  &c,  but  that  each  of  them 
was  a  sovereign  and  independent  State  ;  that  is,  that  each  of  them  had  a  right  to 
govern  itself  by  its  own  authority  and  its  own  laws,  without  any  control  from  any 
other  power  on  earth."    ( Ware  v.  Hylton,  3  Dallas,  210, 222,  224— February  term,  1796.) 

The  great  Chief  Justice,  who  did  so  much  to  fortify  every  Federal  power,  was 
incapable  of  such  historical  perversion  as  the  "higher  criticism"  calls  for.  "As 
preliminary  to  the  very  able  discussion  of  the  Constitution  which  we  have  heard 
from  the  bar,  and  as  having  some  influence  on  its  construction,  reference  has  been 
made  to  the  situation  of  these  States  anterior  to  its  formation.  It  has  been  said  that 
they  were  sovereign,  were  completely  independent,  and  were  connected  with  each 
other  only  by  a  league.  This  is  true."  (Marshall,  C.  J.,  in  Gibbons  v.  Ogden,  9 
Wheaton,  p.  187.) 

How  utterly  unknown  this  advanced  doctrine  was  to  the  same  great  jurist  when, 
as  a  historian,  he  wrote,  referring  to  the  period  between  1783 and  1787,  "The  Ameri- 
can trade  remained  subject  to  the  legislation  of  thirteen  distinct  sovereignties" 
(Vol.  V,  p.  71) ;  or  when  he  wrote,  "  The  war  having  been  conducted  by  nations  in 
many  respects  independent  of  each  other"  (Id.  87).  "The  concurrence  of  thirteen 
distinct  sovereignties,"  said  Hamilton,  "  is  requisite  under  the  confederation  (Fede- 
ralist, XV).    Hence  the  last  word  of  these  memorable  papers  relates  to  "  the  neces- 


55 

sity  of  moulding  and  arranging  all  the  particulars  which  are  to  compose  the  whole 
in  such  manner  as  to  satisfy  all  the  parties  to  the  compact." 

What  was  the  "status"  of  Rhode  Island  and  North  Carolina  during  the  interval 
that  they  declined  to  become  members  of  the  Federal  Union?  Were  they  outlaws 
from  civilization?  "I  wish  most  earnestly,"  said  Fisher  Ames,  "to  see  Rhode 
Island  federal,  to  finish  the  circle  of  the  Union."  All  the  earnest  wishes  in  the 
world,  outside  of  Rhode  Island,  were  powerless  to  gratify  this  wish.  "Are  gentle- 
men willing,  then,"  said  Elbridge  Gerry  in  the  first  Congress,  "to  throw  Rhode 
Island  and  North  Carolina  into  the  situation  of  foreign  nations?  They  have  told 
you  they  cannot  accede  to  the  Union  unless  certain  amendments  are  made."  It  was 
on  the  8th  of  January,  1790,  that  the  two  houses  were  able  to  unite  in  saying,  "The 
accession  of  the  State  of  North  Carolina  to  the  Constitution  gives  us  much  pleasure." 
Rhode  Island  had  not  been  present  at  the  Convention.  "  When  the  revolution  was 
accomplished,"  says  Curtis,  "the  State  had  resumed  its  position  of  absolute  sover- 
eignty." In  September,  1789,  a  "letter  from  the  Governor  of  Rhode  Island,  giving 
reasons  why  that  State  did  not  accede  to  the  Union,"  had  been  addressed  "To  the 
President,  the  Senate,  and  the  House  of  Representatives  of  the  Eleven  States  of 
America,  in  Congress  assembled  "  (Sparks  X,  487).  "  Rhode  Island,"  says  Story,  "  did 
not  accede  to  it  until  more  than  a  year  after  it  had  been  in  operation  "  (g  195).  The 
unanimous  voice  of  all  the  people  of  all  the  other  States  could  confer  no  authority 
upon  the  Federal  Government  to  cross  the  borders  of  Rhode  Island  until  invited  by 
her  own  people.  But  in  May,  1790,  her  accession  put  the  thirteenth  seal  to  the  com- 
pact, which,  in  the  language  of  the  Constitution,  was  "Done  in  convention  by  the 
unanimous  voice  of  the  States."  The  Constitution  drew  its  first  breath  of  obligation 
"  between  the  States  so  ratifying  the  same." 

The  great  mind  of  Webster  (and  others  after  him,  not  so  great)  seized  on  the  ex- 
pression in  the  preamble,  "  We,  the  people,"  as  proof  that  the  grant  of  power  in  the 
Constitution  was  bestowed  not  by  the  States,  but  by  the  whole  people  of  all  the 
States."  These  words,  he  said,  must  be  obliterated  "before  any  human  ingenuity 
or  human  argument  can  remove  the  popular  basis  on  which  that  Constitution  rests, 
and  turn  the  instrument  into  a  mere  compact  between  the  States." 

The  style  of  the  old  confederacy  had  been  "The  United  States  of  America."  This 
confederacy  had  been  created  by  "  articles  of  confederation  and  perpetual  union 
between  the  States  of  New  Hampshire,"  &c.  In  view  of  the  experience  of  perpe- 
tuity under  these  articles,  it  was  deemed  expedient  not  to  saddle  the  new  articles 
with  such  permanence  of  duration.  But  in  other  respects  the  preamble  as  reported 
to,  and  actually  adopted  by,  the  Convention  of  1787  was  the  same.  "  We,  the  people 
of  the  States  of  New  Hampshire,"  &c.  (naming  each  of  the  thirteen  States),  "do 
ordain,  declare,  and  establish  the  following  Constitution  for  the  government  of  our- 
selves and  our  posterity."  The  Committee  on  Style,  afterwards  appointed,  with  no 
other  power  than  "to  revise  the  style  and  arrange  the  articles  agreed  to  by  the 
House."  This  committee  substituted  the  words,  "We,  the  people  of  the  United 
States,"  for  the  enumeration  of  the  States  by  name.  There  is,  of  course,  no  other 
State  than  the  people  of  that  State.  Had  they  so  desired,  the  Committee  on  Style 
had  no  authority  to  change  the  meaning  of  what  had  been  previously  adopted. 
The  chairman  and  penman  of  this  committee  was  Gouverneur  Morris.  He  certainly 
did  not  design  to  work  a  change  which  would  imply  that  the  Constitution  was  not 
a  compact  between  the  States,  for,  as  has  been  seen,  he  always  maintained  that  it 
was  just  such  a  compact.  Further,  the  preamble  of  1787  could  not  recite  as  existing 
a  fact  to  be  ascertained  in  the  future.  The  only  people  of  the  United  States  for 
whom  that  Convention  could  speak  were  the  people  of  the  States  united  under  the 
articles  of  confederation— the  only  United  States  then  in  existence. 

There  was  a  plain  reason  for  the  change  in  phraseology.    The  revised  draft  con- 


56 

tained  the  provision  for  the  establishment  of  the  Constitution  "between  the  States 
so  ratifying  the  same,"  if  so  many  as  nine  States  should  ratify— the  Convention,  as 
Mr.  Wilson  expresses  it,  preferring  "a  partial  union"  of  the  States,  "  with  a  door 
open  for  the  accession  of  the  rest."  It  could  not  be  known  in  advance  which  States 
would  ratify,  or  whether  a  sufficient  number  ever  would.  The  very  word  "union," 
in  this  political  sense,  has  no  application  to  individuals,  and  only  applies  to  States. 
The  old  Confederation  was  a  union  of  States.  The  object  of  the  Constitution  was 
"a  more  perfect  union"  of  States.  But  if  the  preamble  were  intended  for  a  pro- 
phecy, such  as  Webster  claimed,  the  prophecy  would  have  been  refuted  by  the  fact 
when  it  occurred. 

On  June  17, 1788,  the  New  York  Convention  organized  with  sixty-five  members.  Of 
these,  it  is  said,  forty-six  were  opponents  and  nineteen  only  advocates  of  the  Con- 
stitution. The  vote  of  the  people,  therefore,  was  overwhelmingly  for  the  opponents 
of  ratification.  Whoever  is  made  stronger  by  such  "consent  of  the  people"  can 
live  on  very  little.  Whence  did  the  members  of  this  convention  derive  authority  to 
sign  away  the  existence  of  their  constituents— their  freedom,  sovereignty,  and  inde- 
pendence—if this  be  really  the  tenor  of  their  subsequent  act?  On  the  16th  of  July 
a  plan  of  ratification  was  proposed,  which  was  rejected.  On  the  19th  a  conditional 
ratification  was  proposed,  with  a  bill  of  rights  prefixed,  and  amendments  to  be 
added.  On  the  23d  it  was  moved  that  the  words  "  on  condition  "  should  be  struck 
out,  and  the  words  "  in  full  confidence  "  substituted,  which  was  carried  by  a  majority 
of  two.  Cn  the  26th  the  Constitution  was  ratified  by  a  vote  of  30  to  27 ,  but  prefaced 
by  a  declaration  strictly  reserving  everything  not  expressly  granted.  A  circular- 
letter  directed  to  be  laid  before  the  Governors  of  the  several  States  discloses  the 
dubious  character  of  even  this  slender  majority  : 

"  Poughkeepsie,  July  28, 1788. 

"  Sir  :  We,  members  of  the  Convention  of  this  State,  have  deliberately  and  maturely 
considered  the  Constitution  proposed  for  the  United  States.  Several  articles  in  it 
appear  so  exceptionable  to  a  majority  of  us  that  nothing  but  the  fullest  confidence  of 
obtaining  a  revision  of  them  by  a  general  convention,  and  an  invincible  reluctance 
to  separating  from  our  sister  States,  could  have  prevailed  upon  a  sufficient  number 
to  ratify  it  without  stipulating  for  previous  amendments.  We  all  unite  in  opinion 
that  such  a  revision  will  be  necessary  to  recommend  it  to  the  appobation  of  a  numer- 
ous body  of  our  constituents.  *  *  Our  attachment  to  our  sister  States,  and  the  con- 
fidence we  repose  in  them,  cannot  be  more  forcibly  demonstrated  thah  by  acceding 
to  a  Government  which  many  of  us  think  very  imperfect." 

With  absolute  unanimity  this  Convention  said:  We  are  "acceding  to  a  Govern- 
ment"; and  with  the  same  unanimity  they  said :  Our  reliance  is  on  States.  The 
people  of  all  the  States,  as  forming  an  aggregate  community,  was  not  distantly 
imagined. 

Equally,  in  Massachusetts,  ratification  could  only  be  obtained  by  the  amendments 
proposed ;  of  which  the  first  was,  "  That  it  be  explicitly  declared  that  all  powers  not 
expressly  delegated  to  Congress  are  reserved  to  the  several  States,  to  be  by  them  exer- 
cised "—this  being  deemed  by  Samuel  Adams  "  consonant  with  the  second  article  in 
the  present  Confederation,  that  each  State  retains  its  sovereignty,  freedom,  and  inde- 
pendence, and  every  power,  jurisdiction,  and  right  which  is  not  by  this  Confedera- 
tion expressly  delegated  to  the  United  States  in  Congress  assembled." 

The  Constitution  does  not  rest  on  popular  ratification.  By  the  vote  of  the  people 
it  was  not  ratified.  It  was  created  by  the  will  of  the  States,  acting  as  sovereigns. 
Rights  are  either  natural  or  acquired.  Is  the  right  of  the  North  to  rule  the  South  a 
natural  right?  Surely  the  sword  of  Washington  was  not  drawn  for  that.  Acquired 
rights  (as  distinct  from  violent  wrongs)  are  only  derived  from  agreement  or  compact. 
The  relations  between  these  United  States  did  not  originate  in  force.    Then  they 


57 

must  have  been  created  by  compact.  Where  has  this  strange  pretension  been  nomi- 
nated in  the  bond?  Each  one  of  these  sovereign  States  had  fought  for  sovereignty 
and  independence,  and  the  sovereignty  and  independence  of  each  had  been  acknowl- 
edged by  the  world.  Is  the  relinquishment  of  that  which  has  been  painfully  won  a 
necessary  or  natural  implication?  Are  freedom,  sovereignty,  and  independence 
things  to  be  waived  by  implication  ?  Was  the  hard  victory  thrown  away  in  the 
morning  hour  of  rejoicing  ?  Each  new  State  has  been  admitted  to  become  a  member 
of  the  Federal  Union,  with  the  same  rights  of  freedom,  sovereignty,  and  independ- 
ence as  the  other  States.  Is  this  solemn  farce  enacted  on  the  hypothesis  that  the 
other  States  have  no  sovereignty,  freedom,  independence  ? 

The  only  authority  to  modify  the  compact  of  the  Confederation  was  the  recom- 
mendation of  Congress  (February  21,  1787)  that  "  a  convention  of  delegates  who  shall 
have  been  appointed  by  the  several  States  be  held  at  Philadelphia,  for  the  sole  and 
express  purpose  of  revising  the  articles  of  confederation,  and  reporting  to  Congress  and 
the  several  Legislatures  such  alterations  and  provisions  therein  as  shall,  when  agreed 
to  in  Congress  and  confirmed  by  the  States,  render  the  Federal  Constitution  adequate 
to  the  exigencies  of  government  and  the  preservation  of  the  Union."  "The  sole 
and  express  purpose  "  was  revision,  not  revolution  ;  not  to  change  the  existing  com- 
pact to  something  which  was  not  a  compact,  but  to  change  it  by  alterations  and 
provisions  therein;  to  form  "a  more  perfect  Union"  on  the  lines  of  the  existing 
Union.  The  work  of  revision  was  to  be  prepared  by  the  several  States— i.  e.,  by  dele- 
gates "  appointed  by  the  several  States,"  and  to  have  no  binding  force  until  "  con- 
firmed by  the  States."  "The  Federal  Constitution,"  said  William  Lowndes,  in  1812, 
"  was  instituted  by  the  States,  that  the  strength  of  the  whole  might  be  combined  for 
the  protection  of  any  part  which  should  be  attacked."  From  this  source  arose  the 
General  Government,  which  the  same  great  statesman  said,  in  1818,  "  has  been  created 
by  the  people,  and  for  the  people" ;  which  Webster,  in  his  reply  to  Hayne,  called 
"the  people's  Government,  made  for  the  people,  made  by  the  people,  and  answer- 
able to  the  people  "  ;  which  was  pronounced  by  Theodore  Parker,  in  1850,  "  the  Gov- 
ernment of  all  the  people,  by  all  the  people,  for  all  the  people."  The  Federal  Union 
becomes  such  a  government  by  resting  upon  States  which  are  such  governments.  It 
will  remain  such,  just  so  far  as  it  remains  a  government  created  by  the  voluntary 
act  of  the  States  for  themselves  and  the  people  of  each. 

On  the  25th  of  January,  1883,  Mr.  Edmunds,  of  Vermont,  said  in  the  Senate :  "  The 
notion  of  fidelity  to  one's  own  State,  whether  her  course  be  thought  right  or  not,  is 
almost  a  natural  instinct;  and  whether  it  be  defensible  on  broad  grounds  or  not, 
who  does  not  sympathize  with  it?"  One  is  tempted  to  say  that  it  is  "  both  almost 
and  altogether"  natural.  It  is  a  part  of  the  immutable  constitution  of  human 
nature.  Upon  such  natural  instincts  true  statesmanship  is  wont  to  build.  Not 
irrelevant  is  the  late  speech  of  Gladstone:  "If  the  maintenance  of  the  Union  by 
force,  actual  or  in  reserve,  is  necessary,  the  value  of  the  Union  is  questionable." 
Therefore,  in  an  article  (An  Experiment  in  Federation)  in  the  Nineteenth  Century  for 
February,  1893,  it  is  suggested  by  Sir  Robert  Stout :  "  There  is  one  point  that  may  be 
worth  considering  in  this  connection,  and  that  is  whether  a  Federal  Constitution 
such  as  is  proposed  for  the  Australian  Commonwealth  should  provide  for  the  with- 
drawal of  States  from  the  federation ;  *  *  that  a  State  refusing  to  accept  a  pro- 
posed change  in  any  such  fundamental  provision  should  have  the  right  to  withdraw. 
Such  a  provision  in  the  proposed  Australian  Constitution  would  be  a  safeguard." 
Such  a  safeguard  Samuel  Adams  believed  had  been  secured,  and  "  in  full  confidence  " 
•  of  it  other  States  than  New  York  had  acceded.  "  Ours,"  said  Robert  Goodloe  Har- 
per, in  1812,  "is  a  Government  of  opinion,  and  not  of  force."  So  its  origin  pro- 
claimed it.  In  respect  to  such  a  General  Government  and  Federal  Union,  the  lan- 
guage of  Mr.  Storrs,  of  New  York,  in  the  House,  on  the  18th  of  December,  1820,  is  a 


58 

rigid  deduction  of  logic.  "  Whenever  the  period  arrives  that  shall  render  it  neces- 
sary to  unite  the  States  by  the  arm  of  force,  the  Confederacy  dissolves  with  the  moral 
principle  which  is  the  foundation  of  our  Union."  Such  is  the  inevitable  deduction 
from  the  premises,  correctly  stated  in  the  Senate,  by  Mr.  Hillhouse,  of  Connecticut 
(January  15,  1802).  "This"  (the  Constitution)  "is  the  bond  Of  union  between  six- 
teen sovereign,  independent  States"  ;  from  what  Mr.  King,  of  New  York,  described, 
in  the  same  body  (March  18, 1824),  as  "  the  established  provisions  of  the  compact  by 
which,  under  the  guarantee  of  all  to  each,  the  States  expected  to  remain  separate, 
coequal,  and  sovereign  republics." 

At  December  term,  1860,  on  a  motion  in  behalf  of  the  State  of  Kentucky  for  a  rule 
on  the  Governor  of  Ohio  to  show  cause  why  a  mandamus  should  not  issue,  com- 
manding him  to  restore  a  fugitive  from  justice,  the  court,  without  a  dissenting  voice, 
decided :  "  The  word  '  duty,'  in  the  act  of  1793,  means  the  moral  obligation  of  the 
State  to  perform  the  compact  in  the  Constitution,  *  *  But  Congress  cannot  coerce 
a  State  officer,  as  such,  to  perform  any  duty  by  act  of  Congress."  After  referring  to 
the  provision  under  the  articles,  it  is  said  by  the  court :  "  But  as  these  Colonies  had 
then,  by  the  Declaration  of  Independence,  become  separate  and  independent  sov- 
ereignties, against  which  treason  might  be  committed,  their  compact  is  carefully 
worded,  &c. ;  and  when  these  Colonies  were  about  to  form  a  still  closer  union  by  the 
present  Constitution,  but  yet  preserving  their  sovereignty,  they  had  learned  from 
experience  the  necessity  of  this  provision.  *  *  The  performance  of  this  duty, 
however,  is  left  to  depend  on  the  fidelity  of  the  State  executive,  to  the  compact 
entered  into  with  the  other  States,  when  it  adopted  the  Constitution  of  the  United 
States."    (Commonwealth  of  Kentucky  v.  Dennison,  Governor,  24  How.  66.) 

The  logic  of  history  would  seem  to  have  received  judicial  vindication. 

III. 

"  Of  all  forms  of  involuntary  restraint,  under  which  one  class  of  human  beings  is 
subjected  to  the  control  of  another  class,  that  exerted  by  Southern  masters  and  mis- 
tresses over  their  slaves  was  the  mildest  and  least  objectionable.  The  evidence  of 
this  fact  is  complete,  from  the  relation  of  numerous  impartial  foreign  witnesses  ;  but 
the  negative  evidence  is  still  more  conclusive ;  for  it  is  not  known  that,  among  the 
whole  four  millions  of  Southern  blacks,  any  one  has  been  found  to  have  complained 
of  grievous  wrong  from  his  owner  to  the  armies  which  have  penetrated  their  coun- 
try. *  *  It  is  equally  certain  that  the  aggregate  number  of  those  who  were 
seduced  from  their  homes  by  the  unceasing  efforts  of  the  Abolitionists,  during  a 
series  of  years,  was  really  inconsiderable.  *  *  During  the  whole  progress  of  the 
long  struggle,  even  after  the  President  had  promulgated  his  decree  of  emancipation, 
and  when  the  armies  of  the  United  States  had  their  most  widely  extended  possession 
of  Southern  territory,  no  symptom  of  insurrection  is  known  to  have  manifested  itself 
among  the  slaves.  This  fact  shows  either  great  indifference  to  the  boon  of  freedom 
on  their  part,  or  a  singular  degree  of  control  exercised  over  them  by  their  masters  ; 
perhaps  both."    (Origin  of  the  Late  War  (George  Lunt,  Boston),  p.  175.) 

The  Christian  Examiner  (Boston)  of  September,  1854,  referring  to  the  maxim  of  the 
anti-slavery  movement,  "unsparing  hostility  to  slavery  as  a  sin,"  comments  as  fol- 
lows :  "  It  is  as  ridiculous  as  it  is  unjust  to  represent  slave-masters  as  mere  tyrants 
or  speculators  in  the  limbs  of  men.  Kind  feeling  springs  up  where  human  inter- 
course is  so  near  and  constant.  For  personal  kindness  and  real  affection  towards 
the  blacks,  the  Southerners  are  as  much  superior  to  us  as  we  hold  them  inferior  in 
the  abstract  sense  of  justice  and  right" — showing,  the  writer  kindly  adds,  "that 
God  may  have  endued  slave-holders  with  conscience  and  human  feeling  like  our. 
own." 


59 

It  might  not  be  underserving  a  casual  thought,  whether  in  the  condition  of  the 
negro,  "  personal  kindness  and  reaLjaffection  "  was  not  very  nearly  as  useful  as  the 
"  abstract  sense  of  justice  and  right." 

The  free-soil  Constitution  of  Kansas,  framed  at  Topeka,  and  ratified  by  an  over- 
whelming majority  of  the  anti-slavery  party,  seems  to  deem  the  African  race  so 
inferior  and  degraded  "  as  to  exclude  them  forever  from  Kansas,  whether  they  be 
bond  or  free."    (Inaugural  Address  of  Robert  J.  Walker,  May,  1857.) 

The  phraseology  of  the  framers  had  not  ceased  to  be  common  parlance  in  1836.  In 
this  year  Governor  Everett,  in  his  message  to  the  Legislature  of  Massachusetts,  re- 
minds them  that  it  was  "  deemed  a  point  of  the  highest  public  policy  by  the  non- 
slave-holding  States,  notwithstanding  the  existence  of  slavery  in  their  sister  States, 
to  enter  with  them  into  the  present  Union  on  the  basis  of  the  constitutional  com- 
pact. That  no  union  could  have  been  formed  on  any  other  basis,  is  a  fact  of  his- 
torical notoriety ;  and  is  asserted  by  General  Hamilton,  in  the  reported  debates  of 
the  New  York  Convention  for  adopting  the  Constitution.  This  compact  expressly 
recognizes  the  existence  of  slavery.  *  *  Everything  that  tends  to  disturb  the  re- 
lations created  by  this  compact  is  at  war  with  its  spirit.  *  *  A  conciliatory  for- 
bearance with  regard  to  this  subject  in  the  non-slave-holding  States  would 
strengthen  the  hands  of  a  numerous  class  of  citizens  of  the  South  who  desire  the 
removal  of  the  evil."  The  joint  special  committee  to  which  this  portion  of  the 
message  was  referred  reported  :  "  Whatever  emotions  such  a  view  may  excite  in  the 
mind  of  the  philanthropist,  the  right  of  the  master  to  the  slave  is  as  undoubted  as 
the  right  to  any  other  property.  *  *  They  (the  committee)  have  no  sympathy  with 
that  false  benevolence  which,  in  order  to  liberate  the  slave,  is  willing  to  destroy 
the  hope  of  liberty  itself  by  plunging  the  country  in  all  the  horrors  of  civil  war. 
*  *  There  is  an  appeal  which  this  Legislature  cannot  safely  resist.  One  of  its  first 
duties  here  is  solemnly  to  swear  that  it  will  support  the  Constitution  of  the  United 
States ;  and  your  committee  beg  gentlemen  to  consider  how  they  will  answer  the 
observation  of  that  oath,  by  promoting  or  countenancing  those  wild  schemes  which 
cannot  but  deprive  their  brother  of  the  guarantee  which  that  Constitution  does  pro- 
vide for  his  security  in  the  possession  of  his  property  and  all  its  legal  rights." 

"Before  this  unfortunate  agitation  commenced  a  very  large  and  growing  party 
existed  in  several  of  the  slave  States  in  favor  of  the  gradual  abolition  of  slavery, 
and  now  not  a  voice  is  heard  there  in  support  of  such  a  measure.  The  Abolitionists 
have  postponed  the  emancipation  of  the  slaves  in  at  least  three  or  four  States  of  this 
Union  for  at  least  half  a  century."  (James  Buchanan,  in  United  States  Senate, 
January  4, 1838.) 

Decisions  which  anticipated  that  made  in  the  Dred  Scott  case  were  Pollard's  Les- 
see v.  Hagan,  et  al.,  3  How.  22 ;  Permoli  v.  Municipality,  Id.  610  (at  January  term, 
1845) ;  and  Strader  v.  Graham,  10  Id.  82  (December  term,  1850). 

"  The  ordinance  of  1787  cannot  confer  jurisdiction  upon  the  court.  It  was  itself 
superseded  by  the  adoption  of  the  Constitution  of  the  United  States,  which  placed 
all  the  States  on  a  perfect  equality,  which  they  would  not  be  if  the  ordinance  con- 
tinued to  be  in  force  after  its  adoption."    (Strader  v.  Graham,  Id.) 

Justices  Curtis  and  McLean  dissented  from  the  Dred  Scott  decision.  Referring  to 
the  ordinance  of  1787,  the  former  says  :  "  It  does  not  appear  to  me  to  be  important 
in  this  connection  that  the  clause  in  the  ordinance  which  prohibited  slavery  was 
one  of  a  series  of  articles  of  what  is  therein  termed  a  compact.  The  Congress  of 
the  Confederation  had  no  power  to  make  such  a  compact,  nor  to  act  at  all  on  the 
subject."  The  learned  justice  argues,  however,  that  as  the  Federal  Congress  did 
afterwards  legislate  in  the  case  of  Ohio  and  Tennessee,  for  example,  to  admit  States 
under  or  exclude  them  from  the  operation  of  this  ordinance,  it  shows  "that  it  was 
then  understood  Congress  might  make  a  regulation  prohibiting  slavery."    Certainly 


60 

it  was  so  "understood,"  just  as  it  was  so  "understood"  by  the  Congress  which 
passed  the  ordinance  in  1787.  The  question  was  whether  it  was  rightly  so  under- 
stood. The  Federal  Congress  assumed  that  the  ordinance  of  1787  was  competently 
enacted,  which  the  learned  justice  himself  says  was  an  erroneous  assumption.  This 
great  jurist  had  no  misgivings  as  to  the  complete  independence  of  the  original 
parties  to  the  federal  compact.  In  a  speech  made  in  Boston,  in  1850,  he  supposes 
the  case  that  some  one  had  been  mad  enough  to  rise  in  the  ratifying  convention  of 
his  State  and  say  :  "I  deny  that  Massachusetts,  as  a  sovereign  and  civilized  State, 
has  the  rightful  power  to  make  this  compact ;  for  here  is  a  stipulation  in  it,  that  per- 
sons held  to  service  in  States  now  foreign  to  us,  escaping  hither,  shall  be  given  up  to 
be  carried  back  again."  He  answers :  "  Has  not  a  State  the  right  to  make  compacts 
and  treaties,  and  when  they  are  made  are  they  not  to  be  kept  ?  " 

The  following  statement,  made  in  the  United  States  Senate  seven  years  prior  to  the 
Dred  Scott  decision,  one  would  think  might  have  precluded  the  dissent  in  that  case 
of  Mr.  Justice  McLean : 

"  When  the  Wilmot  proviso  was  first  proposed— I  have  never  concealed  or  denied 
that  had  it  been  pushed  to  a  vote— I  should  have  voted  for  it.  *  *  In  examining 
the  Constitution,  with  reference  to  the  whole  matter,  more  narrowly  than  I  had 
ever  done  before,  I  was  startled  by  the  conviction  that  no  authority  was  granted  in 
that  instrument  to  Congress  to  legislate  over  the  Territories  ;  and  that  consequently 
there  was  no  power  to  pass  the  Wilmot  proviso.  Not  satisfied  with  my  own  impres- 
sions, and  being  unwilling  to  take  such  a  ground  without  proper  consideration,  I 
determined  immediately  to  converse  with  some  person  fully  conversant  with  the 
history  of  the  legislation  and  the  judicial  decisions  on  the  subject.  In  looking 
about  for  that  purpose,  it  immediately  occurred  to  me  that  an  eminent  judge  of  the 
Supreme  Court  (Judge  McLean,  of  Ohio),  from  his  position  and  association,  as  well 
as  from  his  residence  in  the  West,  could  give  me  better  information  upon  this  sub- 
ject than  any  other  person.  Anticipating  that  some  discussion  might  soon  arise  that 
would  render  this  explanation  proper,  I  applied  to  that  gentleman  some  days  since, 
and  requested  his  permission  thus  publicly  to  refer  to  him  should  I  deem  it  neces- 
sary. This  he  cheerfully  granted,  and  I  now  make  use  of  his  name  with  his  own 
consent.  I  immediately  repaired  to  him,  and  stated  my  doubts,  as  well  as  the  cir- 
cumstances which  gave  rise  to  them.  I  need  not  repeat  the  conversation  here.  It 
is  enough  to  say  he  confirmed  my  impressions,  and  informed  me  that,  in  an  article 
published  in  the  National  Intelligencer  a  day  or  two  previously,  which  I  had  not  seen, 
I  would  find  his  views  fully  set  forth.  That  article  has  since  been  republished  in 
other  papers,  and  has  attracted  a  good  deal  of  attention,  as  it  deserved,  for  it 
is  powerfully  written.  I  speak,  sir,  solely  of  the  views  which  it  presents  of 
the  power  of  Congress  to  legislate  for  the  Territories.  The  question  of  slavery 
which  it  discusses,  I  do  not  refer  to.  After  reading  this  article  my  doubts 
ripened  into  convictions,  and  I  took  the  ground,  to  which  I  shall  always  adhere, 
that  the  Wilmot  proviso  is  unconstitutional."  (General  Cass,  in  United  Stares 
Senate,  February  20,  1850.) 

In  1848  the  Senate  appointed  a  committee,  evenly  divided  between  the  sections,  to 
consider  measures  for  the  organization  of  territorial  governments  in  Oregon,  Cali- 
fornia, and  New  Mexico.  "As  soon  as  we  assembled,  a  proposition  was  made  by  a 
member  of  the  South  to  extend  the  Missouri  Compromise  to  the  Pacific.  You,  sir, 
remember  it  well.  The  vote  upon  it  stood :  Four  Northern  members  against  it,  and 
four  Southern  members  for  it.  The  proposition  was  renewed  in  every  form  in  which 
we  could  conceive  it  would  be  proper,  but  our  Northern  friends  rejected  it  as  often 
as  it  was  proposed.  We  discussed  it ;  we  entreated  them  to  adopt  it.  We  did  not 
pretend  that  it  was  a  constitutional  measure,  but  it  had  been  held  by  many  as  a 
compact  between  the  North  and  the  South,  and  in  such  an  emergency  as  that  then 


61 

existing,  it  had  been  justified  by  the  people  as  a  measure  of  peace.  *  *  It  appeared 
that  if  the  line  were  extended  to  the  Pacific,  the  free  labor  of  the  North  would  have 
the  exclusive  occupation  of  1,600,000  square  miles  of  land  in  the  Territories  outside 
of  the  States,  and  the  South  262,000,  in  which,  observe,  slavery  could  only  be  tole- 
rated in  case  the  people  residing  there  should  allow  it."  (John  M.  Clayton,  in 
United  States  Senate,  March  1, 1854.) 

It  was  on  the  motion  of  the  same  Senator,  who  was  afterwards  Secretary  of  State 
in  Taylor's  administration,  that  a  compromise  bill  was  reported  to  the  Senate,  asking 
for  the  reference  of  the  whole  matter  to  the  Supreme  Court,  which  passed  the  Senate, 
but  was  defeated  in  the  House. 

"I  am  against  any  Compromise  line,  yet  I  would  have  been  willing  to  acquiesce 
in  a  continuance  of  the  Missouri  Compromise  in  order  to  preserve,  under  the  present 
trying  circumstances,  the  peace  of  the  Union.  One  of  the  resolutions  in  the  House 
to  that  effect  was  offered  at  my  suggestion.  I  said  to  a  friend  there,  '  Let  us  not  be 
disturbers  of  the  Union.  Abhorrent  to  my  feelings  as  is  that  Compromise  line,  let  it  be 
adhered  to  in  good  faith ;  and  if  the  other  portions  of  the  Union  are  willing  to  stand 
by  it,  let  us  not  refuse  to  stand  by  it.'  *  *  But  it  was  voted  down  by  an  over- 
whelming majority."    (John  O.  Calhoun,  in  United  States  Senate,  February  19, 1847  ) 

"  If,  according  to  the  argument  of  the  Senator  from  South  Carolina,  the  Missouri 
Compromise  was  such  an  odious  measure,  and  has  had  such  an  injurious  effect  upon 
the  South,  is  it  not  singular  that  we  find  every  Southern  man  voting  for  it  and  every 
Northern  man  voting  against  it  whenever  it  is  offered  ?  "  (Mr.  Hale,  of  New  Hamp- 
shire, March  19, 1850.) 

"The  legislative  power  of  Congress  on  this  subject  (the  recapture  of  fugitive 
slaves)  has  been  recognized  by  the  General  Assembly  of  the  State  of  Ohio  in  their 
statutes  ;  by  the  Supreme  Court  of  the  United  States,  and  by  the  Supreme  Courts  of 
Massachusetts,  New  York,  Pennsylvania,  Indiana,  Illinois,  California,  by  the  Supreme 
Court  of  Ohio  on  the  circuit,  and,  indeed,  by  the  Supreme  Courts  of  every  State  in 
the  Union,  where  the  question  has  been  made,  and  has  never  been  denied  by  the 
Supreme  Court  of  any  State— the  courts  of  Wisconsin,  notwithstanding  the  popular 
impression,  not  forming  an  exception."    (Ex  Parte  Bushnell,  9  Ohio  St.  78.) 

It  was  on  high  State'  s-Kights  ground  that  the  legislation  of  1850  was  resisted  in 
Wisconsin  and  elsewhere. 

"The  people  referred  to  (in  the  preamble  to  the  Constitution)  must  be  intended  to 
mean  the  people  of  the  respective  States.  *  *  By  the  authority  of  the  States 
were  the  people  called  upon  to  adopt  or  reject  the  Constitution.  By  the  people  of 
the  respective  States  was  it  adopted,  and  when  ratified  by  nine  States  (not  a  majority 
of  the  people  of  the  Union  to  be  formed),  was  it  to  become  operative.  *  *  On 
their  separation  from  Great  Britain,  they  were  each  sovereign  and  independent ;  as 
completely  so  as  the  government  from  which  they  had  revolted.  *  *  If  that 
instrument  (the  Constitution)  ceased  to  operate,  the  States  would  move  on,  perform- 
ing their  present  functions,  and  probably  resuming  the  powers  before  delegated." 
In  re  Sherman  Booth,  3  Wis.,  94,  95,  96.  "  As  sovereigns  they  entered  into  the  com- 
pact with  sovereigns;  as  sovereigns  will  they  execute."  Id.  127.  This  opinion  of 
the  Wisconsin  judges  fairly  illustrates  a  school  of  politics  which  has  never  failed  to 
grasp  tenaciously  the  federative  character  of  the  Union,  so  long  as  its  adherents 
were  out  of  power ;  and  as  loudly  proclaimed  that  the  United  States  was  "  a  nation 
spelt  with  a  big  N,"  the  first  moment  they  were  in. 

"  Sir,  of  all  the  bitterest  enemies  towards  the  unfortunate  negro  race,  there  are 
none  to  compare  with  these  Abolitionists,  pretended  friends,  who,  like  the  Siamese 
twins,  connect  themselves  with  the  negro ;  or,  like  the  centaur  of  old,  mount  not  on 
the  back  of  a  horse,  but  on  the  back  of  the  negro,  to  ride  themselves  into  power ; 
and  in  order  to  display  a  friendship  they  feel  only  for  themselves,  and  not  for  th& 
negro  race."    (Henry  Clay,  in  United  States  Senate,  April  10, 1850.) 


62 

In  1853  the  Legislature  of  Illinois  enacted :  "If  any  negro  or  mulatto,  bond  or  free, 
shall  hereafter  come  into  this  State  and  remain  ten  days,  with  the  intention  of  re- 
siding in  the  same,  every  such  negro  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  for  the  first  offense  shall  be  fined  $50.  *  *  If  the  said  negro  or  mulatto  shall 
be  found  guilty,  and  the  fine  assessed  be  not  paid  forthwith,  *  *  the  said  justice 
shall  at  public  auction  proceed  to  sell  said  negro  or  mulatto  to  any  person  who  will 
pay  said  fine  and  costs  for  the  shortest  time."  In  pursuance  whereof,  the  following 
appeared  in  an  Illinois  paper : 

"State  of  Illinois,    ") 
St.  Clair  County,  j" 

"Legal  Notice.— Whereas,  Jackson  Redman,  a  mulatto,  was,  on  the  7th  day  of 
April,  A.  D.  1857,  complained  against,  &c,  agreeably  to  the  act  of  February  12,  1853, 
to  prevent  the  immigration  of  negroes  and  mulattoes ;  *  *  This,  therefore,  is  to  give 
notice  that,  at  1  o'clock  P.  M.,  on  the  18th  day  of  April,  1857,  at  my  office,  in  Belle- 
ville, in  said  county,  I  will  proceed  to  sell  at  public  auction  the  services  of  the  said 
Jackson  Redman  to  any  person  or  persons  who  will  pay  said  fine  and  costs,  for  the 
shortest  time,  according  to  the  provisions  of  the  act  aforesaid. 

"  Posted  this  8th  day  of  April,  A.  D.  1857. 

"Casper  Thrill,  Justice  of  the  Peace." 
(McCluskey's  Political  Encyclopedia,  p.  249.) 

A  State  which  could  enact  and  enforce  the  above  statute  might  have  experienced 
some  compunctious  visitations  for  the  South.  What  more  did  the  South  do  than 
own  and  use  the  services  of  negroes  or  mulattoes  cormorant  in  their  commonwealths  ? 
And  if  the  rare  and  random  negro — the  mere  sporadic  revelations  of  the  dark  conti- 
nent—were in  Illinois  a  nuisance,  calling  for  such  drastic  legislation,  what  should 
preponderant  numbers  be  in  South  Carolina  and  Mississippi?  At  this  very  time 
Abraham  Lincoln  was  girding  on  his  harness  "  to  put  in  course  of  ultimate  extinc- 
tion," slavery  in  the  South  ;  to  compel  the  Southern  States  to  elevate  their  bondmen 
to  freedom.  Why  did  he  not  at  once  bethink  himself  of  the  barbarous  statute  of  his 
own  State,  which  reduced  freemen  to  bondage  ? 

There  is  indubitable  evidence  that,  while  in  the  Committee  of  Thirteen,  he  (Mr. 
Davis)  was  willing  to  accept  the  compromise  of  Mr.  Crittenden,  and  recede  from 
secession.  This  committee,  and  a  House  committee  of  thirty-three  members,  were 
then  considering  "the  state  of  the  Union."  The  compromise  failed,  because,  as 
Senator  Hale  said,  on  the  18th  day  of  December,  1860,  the  day  it  was  introduced,  it 
was  determined  that  the  controversy  should  not  be  settled  in  Congress.  (S.  S.  Cox, 
"  Three  Decades,"  p.  69.) 

The  Territories  had  then  an  area  of  1,200,000  square  miles.  The  Crittenden  propo- 
sition would  have  given  the  North  900,000  of  these  square  miles,  and  applied  the  Chi- 
cago doctrine  to  that  area.  It  would  have  left  the  remaining  fourth  substantially  to 
be  carved  out  as  free  or  slave  States,  at  the  option  of  the  people,  when  the  Territories 
were  admitted  as  States.  This  proposition  the  radicals  denounced.  Notwithstand- 
ing the  President-elect  was  then  in  a  minority  of  a  million  of  the  popular  vote,  they 
were  determined,  as  Mr.  Chase  wrote  to  Portsmouth,  Ohio,  from  the  Peace  Conven- 
tion, to  use  the  power  while  they  had  it,  and  to  prevent  a  settlement.    (Id.  78.) 

"  I  knew  the  action  of  the  South  was  not  impulsive ;  I  knew  there  was  a  reason 
for  it.  They  said  their  capital  was  to  be  rendered  worthless,  their  property  to  be  de- 
stroyed, and  their  country  made  desolate.  God  forbid  that  I  should  chide  them  for 
thinking  so  ! "    (Mr.  Granger,  of  New  York,  in  the  Peace  Congress.) 

"  Thirty  years  ago  the  subject  of  abolishing  slavery  was  agitated  in  Virginia. 
Some  of  the  most  eloquent  speeches  were  made  in  favor  of  the  abolition  movement 
that  I  ever  read.    The  act  providing  for  gradual  abolition  was,  I  believe,  lost  by  a 


63 

-single  vote.  *  *  The  North  has  taken  this  business  of  abolition  into  its  own 
hands,  and  from  the  day  she  did  so  we  hear  no  more  of  abolition  in  Virginia.  *  * 
The  slave-trade  was  once  fostered  by  the  North  ;  that  was  when  it  was  profitable, 
and  when  large  fortunes  were  made  in  that  trade  by  Northern  men.  When  it  be- 
came unprofitable,  the  North  began  to  denounce  it,  and  to  call  it  sinful.  Now  we 
fastened  this  institution  upon  the  South,  cannot  we  permit  her  to  deal  with  it  as  she 
chooses?  I  do  not  say  that  there  is  a  necessary  conflict  between  the  white  and 
black  races,  but  I  assert  that  they  cannot  unite— that  they  cannot  occupy  the  same 
country  upon  an  equality.  Our  free  laborers  of  the  North  will  not  work  with  slaves 
or  with  blacks."    (Mr.  Ewing,  of  Ohio,  Id.) 

"I,  as  a  Jerseyman,  proud  of  the  title,  and  everything  connected  with  it,  wish  to 
say  a  word  to  the  South  in  all  frankness  and  candor.  I  freely  tell  you  that  in  my 
opinion  you  are  entitled  to  guarantees,  and  to  constitutional  guarantees."  (Mr. 
Frelinghuysen,  Id.) 

The  substance  of  Webster's  speech,  on  the  7th  of  March,  was  that  the  status  of  the 
whole  of  Texas,  south  of  36°,  3(y,  was  already  determined  by  law,  which  could  not 
be  repealed  without  the  violation  of  contract ;  that  there  was  not  left  a  single  foot 
of  soil,  the  future  character  of  which  was  not  already  determined  by  the  law  of 
man,  or  more  insuperable  law  of  nature ;  that  the  future  of  California  and  New 
Mexico  was  settled  by  the  law  of  nature,  of  physical  geography,  and  he  saw  no 
necessity  to  re-enact  the  will  of  God  merely  for  the  purpose  of  taunt  and  reproach. 
The  only  part  of  the  country  which  admitted  of  slave  labor  was  governed  by  the 
obligation  of  contract,  which  he  for  one  would  do  nothing  to  impair.  "  I  will  not," 
he  said  in  effect,  "  take  an  oath  to  support  the  Constitution  and  the  laws  with  a 
mental  reservation  to  disregard  it.  I  will  not  join  a  party  whose  corner-stone  is  per- 
jury." Of  such  were  the  vera  pro  gratis  he  dedicated  to  his  constituents.  For  this 
New  England  sprang  up,  with  a  remorseless  and  reverberating  wrath,  to  rend  in 
pieces  her  most  illustrious  statesman ;  for  this  all  the  low  creeping  things  of  aboli- 
tion shed  their  venom  on  his  life  while  he  lived,  and  covered  with  the  filth  of  their 
slime  his  memory  when  he  died. 

The  anti-slavery  agitation  for  an  invariable  restriction  was  "  a  good  enough  Mor- 
gan" for  the  purpose  of  consolidating  the  North,  but  for  any  purpose  of  real  states- 
manship was  quickly  adjudicated  to  be  a  sham  by  the  Republicans  themselves. 
Acts  organizing  the  Territories  of  Colorado,  Dakota,  and  Nevada,  containing  no 
word  of  prohibition  on  the  subject  of  slavery,  were  passed  by  Republican  majorities 
in  both  houses.  Sumner,  Wade,  and  Chandler  acquiesced  in  the  Senate.  Thaddeus 
Stevens  had  no  word  of  opposition  in  the  House.  "  As  matter  of  historic  justice,  the 
Republicans  who  waived  the  anti-slavery  restriction  should  at  least  have  offered  and 
recorded  their  apology  for  any  animadversions  they  had  made  upon  the  course  of 
Mr.  Webster  ten  years  before.  Every  prominent  Republican  Senator  who  agreed  in 
1861  to  abandon  the  principle  of  the  Wilmot  proviso,  in  organizing  the  Territories  of 
Colorado  and  Nevada,  had,  in  1850,  heaped  reproach  upon  Mr.  Webster  for  not  in- 
sisting upon  the  same  principle  for  the  same  Territory.  *  *  It  cannot  be  denied 
that  this  action  of  the  Republican  party  was  a  severe  reflection  upon  their  prolonged 
agitation  for  prohibition  of  slavery  in  the  Territories  by  congressional  enactment." 
(Blaine's  "Twenty  Years,"  Vol.  I,  pp.  271, 272.) 

"  I  am  ready  to  say  that  if  Congress  were  to  attack  within  the  States  the  institution 
of  slavery,  that  then,  Mr.  President,  my  voice  would  be  for  war.  *  *  Then  we 
should  be  acting  in  defense  of  our  rights,  our  domicils,  our  property,  our  safety,  our 
lives."    (Henry  Clay,  in  1850.) 

It  is  true  Clay  added,  that  war  waged  to  force  the  introduction  of  slavery  into  the 
Territories  would  not  command  the  sympathy  of  mankind.  But,  however  it  may 
have  been  represented  or  misrepresented,  the  South  certainly  went  to  war  for  no 


6± 

such  purpose  ;  for  by  the  very  act  of  secession  the  South  had  virtually  relinquished 
the  Territories  with  the  Union.  And  the  North  certainly  did  not  go  to  war  to  restrain 
the  introduction  of  slavery  into  the  Territories  ;  for,  in  the  first  place,  secession  itself 
was  the  most  effectual  restraint  which  could  possibly  have  been  devised  ;  and,  in  the 
second,  the  unmolested  North  had  enacted  the  very  legislation  claimed  to  be  pro- 
ductive of  that  end,  and  all  the  legislation  for  which  the  South  had  ever  asked,  just 
as  that  same  North  was  clearing  her  decks  for  action,  and  about  to  give  the  word 
to  fire. 

"  Suppose  that  the  South  was  the  most  wealthy  and  the  most  populous,  and  pos- 
sessed the  greatest  number  of  electoral  votes,  and  that  it  should  elect  a  President  and 
Vice-President  of  slave-holders  from  the  South  to  rule  over  the  North.  Do  you  think, 
fellow-citizens,  that  you  would  submit  to  this  injustice?  [Cries  of  "No!"  "No!"] 
Truly  you  wouJd  not,  but  one  universal  cry  of  '  No '  would  rend  the  skies ;  and  can 
you  suppose  your  Southern  brethren  less  sensitive  than  you  on  this  subject,  or  less 
jealous  of  their  rights  ?  If  you  do,  let  me  tell  you  that  you  are  mistaken ;  and  there- 
fore you  perceive  that  the  consequence  of  the  success  of  such  a  party,  with  such  an 
object,  must  be  the  dissolution  of  this  glorious  Union."  (Millard  Fillmore  at  Roches- 
ter.— National  Intelligencer,  July  2,  1856.) 

When  the  party  to  which  Fillmore  referred  had  secured  the  Executive  and  the 
House,  and  a  majority  of  the  States,  and  shouted  from  the  house-tops  their  intention 
to  so  reorganize  the  Supreme  Court  as  to  reverse  the  prior  decisions  thereof ;  nay , 
which  further  advertised  their  intention  to  reconipose  not  only  the  Constitution,  but 
the  Bible  and  Divine  Providence  generally  to  compass  their  ends,  was  it  not  natural 
for  the  South  to  say :  Seeing  that  you  have  no  compunctions  of  conscience  in  respect 
to  treating  with  Brazil  or  Spanish  Cuba,  albeit  they  are  slave-holding  communities  ; 
seeing  that  you  feel  no  contamination  from  the  touch  of  slave-holders  when  they  live 
elsewhere  than  in  our  commonwealths,  and  only  feel  constrained  to  interfere  with 
the  slaves  of  others  where  you  are  under  clear  engagement  to  do  nothing  of  the 
kind ;  let  us,  then,  be  unto  you  even  as  Cuba  or  Brazil,  with  whom  you  observe  your 
treaties,  because  you  know  in  these  cases  "  a  bargain  broken  on  one  side  is  broken 
on  all  sides,"  although  you  spit  upon  the  assurance  of  your  own  Webster,  that  the 
same  truism  is  equally  applicable  to  the  sister  States  of  your  own  Federal  Union. 

To  this  the  reply,  in  substance,  was :  Nee  tecum  possum  vivere,  nee  sine  te. 

But  if,  upon  the  mere  admission  of  new  States,  it  might  be  urged  by  Mr.  Gross,  of 
New  York,  in  1811,  "Against  a  principle  leading  to  such  consequences,  each  and 
every  of  the  original  States  may  say,  Non  in  hxc  fozdera  veni,"  how  much  more  legiti- 
mately could  it  be  claimed,  when  the  thing  proposed  was  not  the  mere  admission  of 
new  States,  but  the  destruction  of  old  States,  and  the  threatened  coercion  of  their 
rights  of  property,  and  the  States  themselves,  into  a  "  course  of  ultimate  extinction  "  ? 

The  true  issue  between  the  sections  was  stated  by  Lord  John  Russell :  "  The  North 
is  fighting  for  empire,  the  South,  for  independence "  ;  or,  as  announced  by  the 
President  of  the  Confederacy  in  the  midst  of  the  conflict,  "  We  are  not  fighting  for 
slavery— we  are  fighting  for  independence." 


65 


FIRST  COMPANY. 

Roll  of  First  Company  Richmond  Howitzers ',  as  mustered  into 
the  service  of  the  State  of  Virginia,  April  21,  1861. 

Captain John  C.  Shields. 

First  Lieutenant W.  P.  Palmer. 

Second  Lieutenant E.  S.  McCarthy. 


Privates. 


Anderson,  Lucius 
Anderson,  Thomas  B. 
Armistead,  Thomas  S. 
August,  James  A. 
Barnes,  Edward 
Barnes,  Frank 
Barnes,  Henry 
Barr,  John  W. 
Ballard,  F.  S. 
Ballard,  William 
Blackadar,  W.  H. 
Bowen,  J.  J. 
Bradley,  A.  S. 
Bugg,  Wilson  N. 
Boudar,  Henry  B. 
Binford,  J.  H. 
Brander,  James 
Binford,  Napoleon 
Cullingworth,  J.  N. 
Cooke,  J.  Esten 
Crump,  George  R. 
Croxton,  Charles 
Dibrell,  Anthony 
Daniel,  Fred.  S. 
Davis,  D.  O. 
Drewry,  W.  S. 
5 


Doggett,  D.  S. 
Early,  George  W. 
Eggleston,  J.  Cary 
Ellett,  James  M. 
Flournoy,  John 
Gibson,  James  W. 
Goddin,  E.  C. 
Gretter,  W.  P. 
Harrington,  Charles  A. 
Huffard,  D.  S. 
Harvey,  W.  L. 
Harvey,  Martin  L. 
Howard,  Charles  W. 
Harwood,  Charles 
Harris,  B.  F. 
Herring,  John 
Kean,  W.  C,  Jr. 
Keppler,  Addison 
Knight,  R.  D. 
Lewis,  W.  T. 
Lewis,  C.  Montgomery 
Beake,  P.  S. 
McCreery,  J.  V.  L. 
McCabe,  James  E. 
Macon,  Thomas  J. 
Marsden,  Robert 


Meade,  Hodijah  Sclater,  L.  H. 

Moseley,  John  Simpson,  J.  H. 

Massie,  Henry  Simons,  W.  E. 

Michaud,  Paul  Schooler,  John  H. 

Morton,  Allen  Townsend,  H.  C. 

Palmer,  William  Tatum,  W.  H. 

Pleasants,  Charles  M.  Todd,  Charles  L. 

Pleasants,  John  Todd,  William  R. 

Poindexter,  George  H.  Taliaferro,  Whit. 

Powell,  Junius  L.  Trabue,  C.  E. 

Powell,  Hugh  L.  Williams,  Henry  S. 

Puryear,  W.  H.  Wyatt,  John  W. 

Rahm,  Frank  Wyatt,  Richard  W. 

Richardson,  R.  E.  Wayt,  William 

Steane,  Edmund  G.  Wise,  John  B. 

Sublett,  Henry  Wortham,  R.  C. 

Selden,  Charles  Whiting,  Thomas 
Yancey,  John  B. 

First    Company    Richmond    Howitzers — List    of 
Engagements. 

Falls  Church,  July  4,  1861. 
Bull  Run  (Blackburn  Ford),  July  18,  1861. 
Manassas,  July  21,  1861. 
White's  Ferry,  August  24,  1861. 
Loudoun  Heights,  October  15,  1861. 
Ball's  Bluff,  October  21,  1861. 
Lee's  Mill  (Yorktown),  April,  1862. 
Dam  No.  1  (Yorktown),  April,  1862. 
Williamsburg,  May  5,  1862. 
Seven  Pines,  May  31,  1862. 
Savage  Station,  June  29,  1862. 
Frayzer's  Farm,  June  30,  1862. 
Malvern  Hill,  July  1,  1862. 
Sharpsburg,  September  17,  1862. 
Fredericksburg,  December  13,  1862. 
Chancellorsville,  May  1-4,  1863. 


67 

Gettysburg,  July  2,  3,  1863. 
Morton's  Ford,  February  6,  1864. 
Spotsylvania,  May  8-12,  1864. 
Pole  Green  Church. 
Cold  Harbor,  June  3,  1864. 
Appomattox  Station,  April  8,  1865. 

Paroles  First  Company  Richmond  Howitzers. 

Sergeant  T.  S.  Armistead — one  private  horse. 
Corporal  C.  A.  Harrington. 

Privates. 

L.  C.  Anderson,  E.  C.  Knight, 

J.  R.  Booker,  J.  B.  Minor, 

M.  L.  Cary,  J.  C.  Tatum, 

G.  L.  Gregg,  S.  M.  Petticord, 

W.  J.  Hardy,  one  private  horse;  J.  Williams. 

Total  enlisted,  12. 

Temporarily  with  Hardaway's  Battalion. 

Note. — The  First  Company  of  Howitzers  is  not  included 
in  the  published  list  of  those  surrendered  at  Appomattox,  for 
the  reason  that  by  the  interposition  of  the  enemy's  lines  be- 
tween them  and  the  Courthouse,  they  had  been  cut  off  from 
the  main  body  of  the  army. 

On  the  evening  before  the  surrender  the  Company,  with 
other  artillery,  sustained  and  repulsed  an  attack  by  a  body  of 
the  enemy's  cavalry.  A  junction  with  the  main  body  of  the 
army  being  impracticable,  the  Company  was  marched  in  the 
direction  of  Lynchburg.  In  the  early  morning  of  the  day 
of  surrender,  orders  were  received  under  which  the  battery 
was  destroyed  and  the  Company  disbanded. 

Nowhere  did  the  command  more  faithfully  discharge  their 
duty  than  in  those  last  days  of  trial  and  danger.  Even  after 
the  disbandment  a  number  of  them  made  their  way  to  North 
Carolina,  intending  to  join  Johnston's  army. 


68 

FIRST  COMPANY. 

Captains. 

Shields,  John  C.  '  McCarthy,  Edward  S. 

Palmer,  William  P.  (Killed  at  2d  Cold  Harbor,  Va.) 

Anderson,  R.  M. 

Lieutenants. 

Williams,  Henry  S.  McCarthy,  D.  S. 

Armistead,  Robert  Moncure,  Travers  D. 

Nimmo,  John 

Orderly  Sergeant. 

Blackadar,  William  H.     (Wounded  at  Malvern  Hill,  Va.) 

Sergeants. 

Sclater,  Lem  H.  Poindexter,  George  H. 

McCreery,  J.  V.  L.  Dibrell,  Anthony 
Cooke,  Tohn  Esten  (Wounded  at  Gettysburg  Pa.) 

Todd,  Charles  L.  Wortfaam,  Richard  C. 

Trabue,  Charles  C.  Km£ht>  Robert  |D. 

Corporals. 
Morton,  Allen  Sublett, .  Harrison 

(Killed  at  Gettysburg,  Pa.)  (Wounded  at  Malvern  Hill,  Va.) 

Yancey,  John  P.  Harrington,  Charles  A. 

Steane,  Edmund  G.  Townsend,  Harry  C. 

Williams    T    Peter  (Wounded  at  Williamsburg,  Va.> 

Privates. 

Adkisson,  C.  Eugene  Ayres,  Samuel  B. 

Anderson,  James  E.  Ayres,  Thomas 

Anderson,  Junius  H.  Baird,  John  D. 

Anderson,  Lucius  W.  Ballard,  F.  Stribling 

Anderson,  Lewis  C.  Ballard,  William 

Anderson,  Thomas  B.  Barksdale,  Thomas 

Arents,  Frank  S.  ^   (Killed  a*  Chancellorsville.Va.) 

Armstead,  Thomas  S.  Barnes,  Ed.  F 

August,  James  A.  Barnes,  Frank  J 

Ayres,  John  G.  Barnes,  Henry  C. 
(Wounded  at  2d  Cold  Harbor,  Va.)    tfarnes,  JOnn 


69 


Barnes,  Walker 
Barr,  John  W. 

(Wounded  at  Leesburg,  Va.) 

Barr,  David 
Baxter,  George 
Bean,  W. 
Bell,  John 
Bell,  W.  H. 
Biniord,  James  H. 
Binford,  Napoleon 
Blair,  Walter 
Booker,  George 

(Wounded  at  Gettysburg,  Pa.) 

Booker,  J.  R. 
Booker,  R.  M. 
Boudar,  Henry  B. 
Bowen,  J.  J. 
Bowman,  S.  H. 
Boyd,  W.  T. 
Bradley,  A.  Sidney 
Brander,  James 

(Died  in  service.) 

Bransford,  John 
Bugg,  W.  N. 
Burr,  Henry 
Camm,  Charles 
Care,  Riter  G. 
Carter,  Dr.  L.  W. 

(Wounded  at  2d  Cold  Harbor,  Va.) 

Carter,  H.  C. 
Carter,  James  T. 
Carter,  S.  J. 
Cary,   Howard 
Cary,  William  L. 
Chesterman,  A.  D. 
Close,  Robert 
Colburn,  William  S. 

(Died  in  service.) 

Coyle,  Cornelius 

(Wounded  at  Spotsylvania,  Va.) 

Crouch,  F.  Nichols 
Crump,  George  R. 

(Wounded  at  Seven  Pines,  Va.) 

Croxton,  Charles  C. 
Cubbage,  W. 
Cullingworth,  Joseph  N. 
Dame,  William  M. 


Daniel,  Frederick  S. 
Davis,  D.  O. 
Davis,  Joe 
Denman,  A.  M. 
Dennie,  G.  H. 
Dibrell,  Watson  S. 
Dooley,  C.  W. 
Doggett,  David  S. 
Drewry,  William  S. 
Dupuy,  B.  H. 
Early,  George  W. 
Edmundson,  Henry 

(Died  in  service.) 

Eggleston,  J.  Cary 

(Killed  at  Spotsylvania,  Va.) 

Ellett,  James  M. 
Ellis,  George  H. 
Ellis,  J.  H. 
Ellyson,  W.  Preston 
Eustace,  William  H. 
Exall,  George 
Finney,  William 

(Died  in  service.) 

Flournoy,  John  J. 
French,  J. 
Friend,  Charles  N. 
Gibson,  James  W. 
Goddin,  Ed.  C. 
Gravatt,  George 
Gray,  Charles 
Gray,  Ed. 

Gray,  James  T. 

(Wounded  at  Appomattox,  Va.) 
Gray,  Somerville 

(Wounded  at  Gettysburg,  Pa.) 

Gretter,  W.  Plummer 
Grigg,  George  L. 
Grundy,  T.  B. 
Guigon,  A.  B. 
Hardy,  William  J. 
Harris,  B.  T. 
Harrison,  C.  A. 
Harrison,  George  B. 
Harrison,  H. 
Harrison,  W.  J. 
Harrison,  W.  L. 


70 


Harvey,  Martin  L. 
Harvey,  Wash.  L. 
Harwood,  C.  W. 
Herring,  Elbridge 
Herring,  John  H. 

(Killed  at  Malvern  Hill,  Va.) 

Herring,  William  D. 
Higgason,  Arthur 
Howard,  Charles 
Howard,  John  C. 
Huffard,  D.  S. 
Kean,  W.  C. 
Kean,  W.  C,  Jr. 

(Wounded  at  Malvern  Hill,  Va) 

Keisir,  C. 
Kelley,  Robert  J. 
Kepler,  Henry 

(Wounded  at  Gettysburg,  Pa.) 

Kepler,  Addison 
Kinsolving,  C.  J. 
Lambert,  J.  Ben 

(Wounded  at  2d  Cold  Harbor,  Va.) 

Lamkin,  William  A. 
Leake,  P.  S. 
Lee,  George 
Lewis,  C.  M. 

(Died  in  service.) 

Lewis,  William  T. 
Macon,  Thomas  J. 

Madden,  

Mallory,  Ben 
Maloney,  P. 
Marsden,  F.  C. 
Marston,  Robert 

(Died  in  service.) 

Martin,  S.  Taylor 
Massie,  Henry 
Maury,  Robert  H.,  Jr. 

(Wounded  at  Fredericksburg,  Va.) 

McCabe,  James  E. 
McCabe,  George 

(Died  in  service.) 

McCandlish,  Robert 

(Wounded  at  Gettysburg,  Pa.,  and 
2d  Cold  Harbor,  Va.) 

McKenna,  John  T. 
McMillan,  Charles 


McNamee,  J. 

(Wounded  at  Gettysburg,  Pa.) 

McReynolds,  S. 
Meade,  Hodijah 
Meade,  Peyton 
Michaud,  Paul 
Minor,  Jesse  B. 
Moore,  Ed. 
Moore,  Robert  F. 
Moore,  W.  S. 
Moran,  Michael 
Morris,  Wm. 
Morrison,  Charles 

Morrison,  

(Killed  at  Sbarpsburg,  Md.) 

Mosby,  

Mosby,  O.  A. 
Moseley,  John 

(Killed  at  Pole  Green  Church,  Va.) 

Niven,  T.  M. 
Ogden,  Dewees 

(Killed  at  Gettysburg,  Pa.) 

Page,  John  W. 

(Died  in  service.) 
Page,  Carter 
Page,  William  H. 
Palmer,  W.  W. 
Parker,  William 
Parrott,  A.  B. 
Peachy,  T.  Griffin 
Perry,  W.  H. 
Petticord,  S.  M. 

(Died  in  service.) 

Pleasants,  Charles  M. 

(Wounded  at  Spotsylvania,  Va.> 

Pleasants,  John  W. 

(Wounded  at  Gettysburg,  Pa.) 

Pleasants,  William  A. 
Poindexter,  Charles 

(Wounded  at  Gettysburg,  Pa.) 

Pollard,  Byrd  G. 
Powell,  Ed.  W. 
Powell,  Hugh  L. 
Powell,  J.  L. 
Price,  Overton  B. 

(Wounded  at  Malvern  Hill,  Va.> 
Puryear,  W.  H. 
(Died  in  service.) 


71 


Rahm,  Adolphus 
Rahm,  Frank 
Read,  Nicholas  C. 
Redd,  Lewis 
Rennie,  G.  H. 
Richardson,  Abner  M. 
Richardson,  George  P. 

(Wounded  at  Chancellorsville,  Va.) 

Richardson,  Robert  E. 
Robinson,  Leigh 
Rowland,  R.  Grattan 
Royall,  John  B. 

(Wounded  at  Chancellorsville  and 
Savage  Station,  Va. 

Royall,  R.  W. 
Schooler,  John  H. 
Scott,  Charles 
Scott,  John  A. 
Sears,  DeWitt 
Seay,  John  W. 
Seay,  Joseph 
Selden,  Charles 
Selden,  Nathaniel 

(Killed  at  Chancellorsville,  Va.) 
Simons,  W.  E. 
Simpson,  J.  Harvie 
Skinner,  Ed. 
Smith,  Bathurst  L. 
Smith,  W.  P. 

(Wounded  at  Gettysburg,  Pa.) 

Snead,  E.  B. 
Snead,  J.  H. 
Snead,  Dr.  Albert 
South,  T.  J. 
Stiles,  Eugene  W. 
Stiles,  Robert 
Stiles,  Randolph  R. 

(Wounded  at  Cold  Harbor,  Va.) 
Taliaferro,  C.  C. 
Taliaferro,  Whit. 


Taliaferro,  William 
Tatum,  John  C. 
Tatum,  William  H. 
Terrell,  Henry 

(Killed  at  Gettysburg,  Pa.) 

Todd,  John  W. 

(Wounded  at  Cold  Harbor,  Va.) 

Todd,  W.  R. 

(Died  in  service.) 

Trent,  S.  W. 
Tucker,  Ben  F. 
Tyler,  J.  H. 
Vaiden,  Samuel  E. 
Vest,  George  S. 
Waddill,  William  L. 

(Killed  at  Malvern  Hill,  Va.) 

Washington,  Wallace 
Wayt,  William 

(Died  in  service.) 

Wharton,  Richard  G. 
White,  Thomas  Ward 
White,  William  G. 

(Died  in  service.) 
Whiting,  Thomas  L. 

(Wounded  at  Williamsburg,  Va.) 

Williams,  Frank  S. 
Williams,  Fred. 
Williams,  John  N. 
Williams,  Joseph  G. 
Williams,  Watson  L. 
Williamson,  Joseph  A. 
Wingo,  Charles  E. 

(Wounded  at  Sharpsburg,  Md.) 
Wynne,  Arthur  Lee 
(Died  in  service.) 

Wise,  John  B. 

(Wounded  at  Malvern  Hill,  Va.) 

Wise,  Lewis  A. 
Wyatt,  John  W. 
Wyatt,  Richard  W. 
Wyatt,  Thomas  B. 


72 


SECOND  COMPANY. 

Roll  of  Second  Company  Richmond  Howitzers,  as  muste?'ed 
into  the  service  of  the  State  of  Virginia,  as  printed  in  a 
Richmond  paper  at  the  time  (1861),  and  preserved  in  a  scrap- 
book  at  the  Virginia  State  Library. 

Captain J.  Thompson  Brown. 

First  Lieutenant James  Ellett. 

Second  Lieutenant    ....  William  M.  Archer. 


The  other  officers  not  known, 
cester  Point. 

Allen,  H. 
Angel,  J.  C. 
Barnes,  L.  R. 
Brent,  T.  C. 
Baker,  T.  R. 
Booker,  Lewis 
Bell,  R.  F. 
Bell,  Thomas 
Burnley,  H.  M. 
Binford,  S.  J. 
Cardwell,  William  M. 
Crane,  C.  T.  C. 
Carter,  S.  S. 
Clarke,  D.  B. 
Crump,  G.  T. 
Christian,  Jordan  C. 
Corbin,  N.  M. 
Duvall,  William 
Davis,  T.  J. 
Ellett,  John  S. 
Estern,  W.  B. 
Fitzhugh,  J.  S. 
Guigon,  A.  B. 


This  company  is  at  Glou- 

Garnett,  W.  J. 
Halyburton,  W.  J. 
Hill,  Charles 
Hill,  Frank  D. 
Hill,  W.  R. 
Hill,  Lewis  R. 
Hullihan,  W.  O. 
Harvey,  M.  L. 
Hudnall,  Henry 
Hobson,  G.  W. 
Hughes,  Stephen  B. 
Jones,  L.,  Jr. 
Jones,  L.  F. 
Jones,  H.  S. 
Kirby,  R.  L. 
Langhorne,  J.  B. 
Morton,  T.  E. 
Miller,  M.  O. 
McCarthy,  William  H. 
Moore,  J.  B. 
Mayo,  J.  B. 
McRae,  Wallace 
Pleasants,  R.  B. 


73 


Pollard,  Thomas 
Pleasants,  H.  R. 
Parrack,  Thomas  C. 
Place,   George 
Sutton,  Charles  W. 
Shook,  H.  C. 
Sheppard,  W.  L. 
Terrell,  Joseph 


Terrell,  Mahlon 
Timberlake,  L.  W. 
Vest,  J.  H. 
West,  John  W. 
Williams,  Joseph  P. 
Wynne,  C.  H. 
Wharton,  John  Z. 
Werth,  John 


Yates,  James  A. 


Battles. 


Combat  with  the  gunboat 
"Yankee." 

Battle  of  Bethel. 

Siege  of  Yorktown. 

Williamsburg. 

Seven  Pines. 

Seven  Days'  Battle  Rich- 
mond. 

Maycock's  Point. 

Charlestown. 

Fredericksburg,  Decem- 
ber 13,  1862. 

Catherine  Furnace. 

Chancellorsville. 


Winchester. 
Gettysburg. 
Hagerstown. 
Mine  Run. 

Spotsylvania,    10th,  12th, 
and  18th  May,  1864. 
Hanover  C.  H. 
Second  Cold  Harbor. 
New  Market  Heights. 
Cedar  Creek. 
Siege  of  Petersburg. 
Sailor's  Creek. 
Appomattox. 


MUSTER-ROLL    OF   SECOND    COMPANY    RICHMOND   HOWITZ- 
ERS (Cutshaw's  Artillery  Battalion),  April  9, 1865. 

Captain L.  F.  Jones. 

Second  Lieutenant Joseph  C.  Angel. 

Junior  Second  Lieutenant  .    .    .  Wallace  McRae. 

Sergeant- Major Laney  Jones. 

Quartermaster-Sergeant  .    .    .  Wm.  G.  Mordecai. 

Second  Sergeant R.  B.  Pleasants. 

Third  Sergeant John  S.  Ellett. 

Fourth  Sergeant Robert  S.  Bosher. 


74 


First  Corporal Wm.  H.  McCarthy. 

Second  Corporal Geo.  W.  Mordecai. 

Third  Corporal David  B.  Clarke. 

Fourth  Corporal Joseph  J.  Cocke. 

Fifth  Corporal Joseph  E.  Maxey. 

Eighth  Corporal L.  B.  Franklin. 

Privates: 

Atkinson,  James  T.  Lemon,  William 

Allgood,  John  T.  Lewis,  Theo. 

Bosher,  E.  J.  Mann,  William  J. 

Burnley,  C.  T.  McCarthy,  Julian 

Chapman,  John  E.  McCarthy,  Carlton 

Ellyson,  J.  T.  Miller,  C.  M. 

Fitzgerald,  N.  Mordecai,  John  B. 

Grigg,  James  A.  Neighbors,  William 

Hudson,  William  D.  Palmer,  Charles  T. 

Hall,  W.  N.  Puryear,  William  H. 

Jessie,  James  M.  Semple,  G.  W. 

Jones,  John  T.  Taliaferro,  J.  C. 

Jones,  Peter  L.  Waldrop,  John 

Johnson,  William  R.  Winston,  J.  D. 

Justice,  D.  O.  Worsham,  L.  W. 

Lawrence,  S.  R.  Worsham,  W.  G. 

Leftwich,  T.  R.  Wingo,  William  J. 

Report  of  arms-bearing  men  in  battle  9th  April,  1865,  viz. : 
3  commissioned  officers  and  22  enlisted  men — total,  25. 

L.  F.  Jones,  Captain, 
Second  Company  Richmond  Howitzers. 
Official  copy: 

S.  V.  Southall,  A.  A.  A.  General  Long' s  Artillery. 

Note. — The  above  is  copied  from  the  original  official  copy  in  the 
possession  of  the  Southern  Historical  Society. 

The  report  above  shows  only  twenty-two  men  in  battle  the  9th  April 
(arms-bearing),  while  the  names  counted  show  forty-five.  The  expla- 
nation is  simply  that  twenty-three  men  had  no  arms  in  their  hands. 


75 

They,  however,  followed  the  company  closely  on  the  march  and  in 
line,  and  shared  all  its  dangers. 

Note. — First  Lieutenant  Jones,  whose  name  does  not  appear,  was 
mortally  wounded  before  the  company  reached  Appomattox.  Rag- 
land,  Binford,  Pearson,  and  others  were  wounded  ;  Hampton  was 
killed  ;  Creed  T.  Davis  and  others  were  made  prisoners,  and  others, 
from  various  causes,  could  not  reach  Appomattox.  This  note  is  made 
that  the  future  historian  of  the  company  may  be  reminded  to  look  into 
these  particulars,  and,  as  far  as  may  be,  do  justice  to  all. — Editor. 

Members  of  the  company  surrendered  by  General  Long,  Brigadier- 
General  Artillery,  while  on  duty  at  his  headquarters  on  9th  April,  1865 : 

S.  W.  Barnes,  Corporal;  T.  C.  Brent, 

T.  R.  Lumpkin,  H.  C.  Shook. 

Note.— The  four  names  above  are  from  the  original  official  papers 
in  possession  of  the  Southern  Historical  Society. 


76 

SECOND  COMPANY. 

Captains. 

Brown,  J.  Thompson  Watson,  David 

Hudnall,  Henry  Jones,  Lorraine  F. 

Lieutenants. 

Archer,  William  M.  Booker,  Lewis 

Sheppard,  William  L.  Jones,  Henry  S. 

Garnett,  Walter  Angel,  J.  C. 

McRae,  Wallace 

Sergeants. 

Guigon,  A.  B.  Terrell,  Mahlon 

Wharton,  John  Z.  Christian,  George  L. 

Hughes,  Stephen  B.  Ellett,  John  S. 

Crane,  Charles  T.  C.  Bosher,  Robert  S. 
Hallyburton,  William  G.       Chappell,  Joseph  E. 

Jones,  Laney,  Jr.  Mordecai,  William  Y. 

Pleasants,  Reuben  B.  Van  Name,  P.  M. 

Vest,  John  H.  Williams,  Joseph  G. 

Corporals. 

Caldwell,  William  M.  Mordecai,  George  W. 

Werth,  John  Cocke,  Joseph  J. 

Hobson,  George  W.  Barnes,  Silas  W. 

Miller,  Montgomery  G.  Clarke,  David  B. 

McCarthy,  William  H.  Maxey,  Joseph  E. 

Hawes,  S.  H.  Franklin,  L.  B. 

Privates. 

Abell,  J.  D.  Atkisson,  J.  T. 

Ackerman,  James  J.  Baker,  T.  Roberts 

Allen,  Harvey  G.  Barker,  W.  V.  B. 

Allen,  Henry  C.  Barker,  William  C. 

Allgood,  E.  A.  Barns,  H.  G.  H. 

Allgood,  S.  D.  Barns,  L.  R. 


77 


Barry,  John 
Bass,  W.  H. 
Bedford,  Henry- 
Bell,  R.  F. 
Bell,  Thomas  Read 
Binford,  Ballard 
Binford,  James  E. 
Binford,  Napoleon 
Binford,  S.  J. 
Blanton,  William  E. 
Botto,  Frank 
Booker,  Thomas 
Brent,  T.  Carroll 
Brooks,  A.  E. 
Brown,  George  W. 
Bryan,  St.  George  T.  C. 
Bosher,  E.  J. 
Burnley,  H.  Martin 
Buchanan,  Martin 
Buchanan,  William 
Burnley,  Charles  T. 
Calayo,  John  A. 
Carson,  J.  C. 
Carter,  George  A. 
Carter,  Sam  S. 
Casey,  James 
Chapman,  James 
Charles,  John 

Chew,  

Chinn,  George  E. 
Christian,  J.  C. 
Christian,  R.  L. 
Cocke,  C.  E. 
Cocke,  Chastain  E. 
Cocke,  Erasmus 
Coke,  R.  B. 
Corbin,  N.  M. 
Crane,  Henry  R. 
Craycraft,  James  E. 
Cross,  John 
Crump,  George  R. 
Davis,  Creed  T. 
Davis,  T.  J. 
Davis,  William  L. 


Dawson,  

Douglas,  W.  T. 
Drew,  Dr. 

Drilling,  John  (bugler) 
Dunn,  W.  W. 
Duval,  Alexander 
Duval,  William  W. 
Eastin,  William  B. 
Ellett,  W.  W. 
Elliott,  William 
Ellyson,  J.  Taylor 
England,  John 
Faxon,  John  W. 
Fitzhugh,  John  S. 
Fitzgerald,  N.  M. 
Fleming,  A. 
Fleming,  John  S. 
Fleming,  V.  M. 
Fleming,  William  B. 
Foster,  James  B.,  Jr. 
Foulkes,  J.  W. 
French,  J.  Compton 
Garnett,  Booker 
Garnett,  William  J. 
Gouldin,  Samuel  R. 
Green,  Samuel  S. 
Grigg,  James  A. 
Hagan,  John 
Hamilton,  W.  H. 

Hansborough,  

Harlow,  H.  M. 
Harrison,  Thomas  R~ 
Harvey,  M.  L. 
Harvey,  W.  G. 
Heath,  William 
Hill,  Charles 
Hill,  Frank  D. 
Hill,  Lewis  R. 
Hill,  W.  R.,  Jr. 
Hilliard,  Richard 
Hines,  John 
Hobson,  F.  Deane 
Hodges,  J.  T. 
Houston,  Archer 


78 


Houston,  John  W. 
Hudson,  W.  D. 
Hughes,  George  P. 
Hullihen,  Rev.  W.  Q. 
Hundley,  Joseph  W. 
Hutcheson,  Hugh 
Hutcheson,  W.  K. 
James,  John 
Jessee,  Jim  M. 
Johnson,  W.  R. 
Jones,    "Chinch" 
Jones,  J.  T. 
Jones,  "Jack" 
Jones,  John  Peter 
Jones,  John  Wiley 
Jones,  L.  Jr. 
Jones,  Peter  L. 
Justice,  Daniel  O. 
Kemp,  Wyndham 

Kenna,  

Kennedy,  William  M. 
Kersey,  Robert 
Kirby,  R.  M. 
Kirby,  W.  Reynolds 

Lampkin,  

Langhorne,  J.  B. 
Lawson,  Alexander 
Lawson,  Campbell  G. 
Lee,  Harry 
Lee,  W.  P. 
Lee,  W.  W. 
Leftwich,  Thomas  R. 
Lemmon,  William 
Lewis,  William  P. 

Luck,  

Lumpkin,  James 
Mahone,  William 
Mann,  Judge  George  E. 
Mann,  W.  J. 
Maupin,  James  R. 
Mayo,  Dr.  Theodore  P. 
Mayo,  John  B. 
McCarthy,  Carlton 
McCarthy,  Julian 


McKenna,  Luke 
McKinney,  James  S. 
Miller,  Charles  M. 
Miller,  Henry 
Miller,  J.  A. 
Miller,  Polk 
Mills,  John 
Moore,  J.  B. 
Mordecai,  John  B. 
Morris,  Walter  H.  P. 
Morton,  T.  E. 
New,  John 
Neibors,  William 
Otey,  Gaston 
Otto,  John 
Palmer,  Charles  T. 
Palmore,  Thomas  W. 
Parrot,  T.  C. 
Patterson,  R.  G. 
Pearson,  James  E. 
Pendleton,  Hugh  T. 
Pendleton,  Samuel  H. 

Pistoletti,  (bugler) 

Place,  George 
Pleasants,  H.  R. 
Pollard,  Thomas 
Potts,  John 
Price,  Overton 
Pryor,  John 
Puryear,  H.  H. 
Ragland,  John  S. 
Rennie,  Rev.  Joseph  R. 

Roan,  

Roark,  C. 
Robinson,  Andrew 
Robinson,  Leigh 
Robinson,  R.  Calvin 
Robinson,  T.  V. 
Scruggs,  George  F. 
Selden,  John 
Semple,  G.  W. 
Shook,  Henry  C. 
Skinker,  Charles  R. 
Slater,  William  L. 


79 


Slaughter,  Thomas  W. 
Smith,  H. 
Smith,  Thomas  A. 
Smith,  W.  A. 
Smith,  W.  G. 
Sutton,  Charles  W. 
Taliaferro,  John  C. 
Tallman,  W.  H. 
Tatum,  L.  B. 
Temple,  B.  Brook 
Temple,  Roy 
Terrell,  Joseph 
Timberlake,  L.  W. 
Tinsley,  James  G. 
Tompkins,  M.  W.- 
Trent, Stephen 
Tuck,  E.  J. 
Tuck,  W.  C. 
Vest,  John  W. 
Waldrop,  John 

Yates, 


Walford,  

Wallford,  Ed.  F. 
Watkins,  Samuel  V. 
Welford,  R.  Corbin 
Welford,  William  N. 

Westheimer,  

Wharton,  John  J. 
White,  W.  T. 
Williams,  C.  U. 
Wilson,  Joseph  J. 
Wingfield,  W.  T. 
Wingo,  W.  J. 
Winn,  C.  H. 
Winston,  James  D. 
Winston,  William  C. 
Woodhouse,  J.  G. 
Worsham,  L.  W. 
Worsham,  W.  G. 
Wright,  Hon.  T.  R.  B. 
Yancey,  Stephen  D. 
James  A. 


80 


THIRD  COMPANY. 

Roll  of  the  Third  Company,  as  mustered  into  the  service  of 
the  State  of  Virginia,  as  published  in  Richmond  daily 
papers,  and  preserved  in  a  scrap-book  in  the  Virginia  State 
Library. 

Captain Robert  C.  Stanard. 

First  Lieutenant E.  F.  Moseley. 

Second  Lieutenant John  M.  West. 

First  Sergeant A.  J.  C.  Dickenson. 

Second  Sergeant B.  H.  Smith. 

Third  Sergeant H.  L.  Powell. 

Fourth  Sergeant W.  B.  Gretter. 

First  Corporal .  .    .-•  .    .    .    .  H.  C.  Carter. 

Second  Corporal A.  C.  Porter. 

Third  Corporal H.  C.  Tinsley. 

Fourth  Corporal R.  M.  Venable. 

Privates: 

Armistead,  — .  — .  Estill,  Henry 

Archer,  A.  B.  Flournoy,  John  J. 

Anderson,  Joseph  J.  Gardner,  M.  H. 

Argyle,  Joseph  W.  Garrett,  Ashton 

Arents,  George  Gretter,  F.  P. 

Archer,  W.  O.  Gordon,  E.  C. 

Boisseau,  Thomas  -  Houston,  John  W. 

Bullington,  Heber  Hufford,  D.  S. 

Brown,  R.  B.  Harwood,  Charles  W. 

Brooks,  M.  G.  Hart,  George 

Courtney,  W.  B.  Holladay,  Alexander  L. 

Cardozo,  Charles  E.  Hutcheson,  John  H. 

Carr,  Dabney  G.  Hunt,  Claiborne 

Crump,  E.  M.  Jones,  R.  W. 

Chandler,  C.  S.  Johnson,  George  E. 

Eskridge,  A.  P.  Lewis,  Lucien 

Eckles,  I.  A.  Liggan,  S.  H. 


81 


Lumpkin,  L. 
Lynham,  J.  A. 
Lorraine,  E.  C. 
Morris,  E.  P. 
Miller,  James  M. 
Manders,  J.  M. 
Manders,  John 
McCabe,  W.  G. 
Mann,  William  M. 
Mann,  Charles  W. 
Nicholas,  Sidney  S. 
Paine,  William  P. 
Pairo,  Thomas  W. 
Priddy,  Robert  B.  D. 
Quarles,  Thomas  W. 
Reed,  W.  M. 


Redd,  L.  W. 
Roberts,  W.  H. 
Ratcliffe,  William  P. 
Scott,  P.  G. 
Snead,  William  J. 
Saunders,  William  PL 
Smith,  Rufus  G. 
Tuck,  W.  T. 
Thaxton,  George  D. 
Thornton,  Henry  F. 
Utz,  J.  S. 

Wakeham,  John  K. 
White,  William  L. 
Winn,  William  H. 
White,  W.  S. 
Williams,  Charles  W. 


List  of  Engagements  in  Which  the  Third  Company 
Howitzers  Participated. 

Bethel  Church,  June  10,  1861. 

Drewry  Skirmish,  July  5,  1861. 

Ellerson's  Mill,  June  30,  1862. 

Gaines'  Mill,  July  1,  1862. 

Frayzer's  Farm,  July  3,  1862. 

Maycock  Landing,  August,  1862. 

Charlestown,  October  16,  1862. 

Williamsport,  Md.,  September  19,  1862. 

Fredericksburg,  December  13,  1862. 

Catherine  Furnace,  May  2,  1863. 

Chancellorsville,  May  3,  1863. 

Winchester,  June,  1863. 

Gettysburg,  July  3  and  4,  1863. 

Mine  Run. 

Spotsylvania  Courthouse,  10th,  12th,  and  18th  May,  1864. 

Pole  Green  Church,  June  1,  1864. 

New  Market  Heights,  August  14  and  16,  1864. 
6 


82 

Deep  Bottom,  September  29,  1864. 
Laurel  Hill  Church,  September  29,  1864. 
Darbytown  Road,  October,  1864. 
Deatonsville,  April  6,  1865. 
Appomattox  Courthouse,  April  9,  1865. 

April  9,  1865. 

Roll  of  Officers  and  Me?i  Present  at  the  Last  Engagement  of 
the  Third  Company  Richmond  Howitzers. 

Captain B.  H.  Smith,  Jr. 

First  Lieutenant Henry  C.  Carter. 

Second  Lieutenant Wm.  Plumer  Payne. 

funior  Second  Lieutenant   .  .Wm.  M.  Read. 

First  Sergeant W.  B.  Gretter. 

Second  Sergeant Geo.  D.  Thaxton. 

Third  Sergeant L.  Lumpkin. 

Fourth  Sergeant Wm.  S.  White. 

Second  Corporal M.  H.  Gardner. 

Third  Corporal P.  A.  Sublett. 

Fourth  Corporal O.  V.  Smith. 

Seventh  Corporal J.  J.  Flournoy. 

Eighth  Corporal T.  V.  Brooke. 

Commissary -Sergeant  .    .    .  W.  J.  Sydnor. 

Privates. 

Anderson,  J.  J.  Bernard,  D.  W. 

Armistead,  W.  M.  Bowles,  A.  S. 

Austin,  John  M.  Crump,  J.  A. 

Austin,  T.  H.  Cullen,  E.  F. 

Bullington,  Heber  Cardoza,  E.  S. 

Boisseau,  T.  Casey,  J.  E. 

Boisseau,  C.  Chew,  P.  H. 

Barksdale,  H.  Chastain,  J.  B. 

Brooke,  Richard  Clark,  Samuel 

Brent,  W.  C.  Davis,  S.  N. 

Burwell,  D.  S.  Donnan,  David 


83 


Ellett,  E.  J. 
Evans,  H.  T. 
Fourqurean,  Joseph  M. 
Fourqurean,  M.  U. 
Fourqurean,  C.  B. 
Flournoy,  Henry  W. 
Fisher,  W.  H. 
French,  J.  H. 
Foster,  S.  M. 
Green,  W.  W. 
Goode,  R.  B. 
Gambol,  R.  J. 
Gardner,  H.  D. 
Hammond,  J.  J. 
Herring,  W.  D. 
Harris,  J.  L. 
Harris,  J.  C. 
Jones,  J.  L. 
Jones,  E.  V. 
Jones,  W.  R. 
Jones,  W.  T. 
Jones,  H.  R. 
Jones,  T.  S. 
Johnson,  George  E. 
Keesee,  T.  O. 
Layne,  George  T. 
Lyne,  W.  H. 
Lear,  W.  W. 
Manders,  J.  M. 


Mayo,  W.  C.  A. 
Mayo,  T.  T. 
Manders,  John 
Miller,  T.  M. 
Mahoney,  E.  N. 
Majors,  S.  C. 
Morgan,  John  H. 
Porter,  P.  B. 
Porter,  G.  W. 
Porter,  D.  E. 
Piet,  W.  A. 
Puller,  W.  B. 
Powell,  J.  P. 
Powell,  T.  L. 
Roper,  H. 
Sublett,  E.  H. 
Sublett,  W.  B. 
Sublett,  C.  T. 
Smith,  W.  N. 
Santos,  A.  F. 
Sydnor,  R.  T. 
Sheppard,  S.  C. 
Sizer,  J.  T. 
Taliaferro,  A.  F. 
Trice,  J.  J. 
Tyler,  E.  G. 
Winn,  E.  A. 
Winfree,  Powhatan 
Winfree,  Reuben 


THIRD  COMPANY. 
Captains. 


Stanard,  Robert  C. 

(Died  in  service,  1861.) 

Moseley,  Edgar  F. 

(Killed  at  Petersburg,  1864.) 


Smith,  Benjamin  H.,  Jr. 

(Wd,  Charlestown,  Va„  Oct.  16, 1862.) 


84 


Lieutenants. 


West,  John  M. 
Utz,  James  S. 

(Killed,  Fredericksburg,  Dec.  13,  '62.) 


Carter,  Henry  C. 

(W'd,  Charlestown,  Va.,  Oct.  16, 1862.) 

Payne,  William  Plummer 
Read,  William  M. 


Orderly  Sergeants. 
Dickinson,  J.  C. 
Porter,  Algernon  C. 

(Killed  at  Gettysburg,  July  3, 1863.) 


Gretter,  William  B. 


Sergeants. 


Powell,  Hugh  L. 
Tinsley,  Henry  C. 
White,  William  L. 
Wakeham,  John  K. 

(Kil'd,  Catberine  Furnace,  M'y  2/63.) 

Thaxton,  George  D. 

(W!d,  Spotsylvania  C.  H.,  May  10,  '64.) 


Lumpkin,  Leonzio 

(W'd,  Spotsylvania  C.  H.,  May  10, 64.) 

White,  William  S. 
Quarles,  Thomas  H. 
Sydnor,  William  J. 


Corporals. 


Venable,  Richard  M. 
Smith,  Oscar  V. 
Hunt,  Claiborne  B. 
Sublett,  Peter  A. 
Gardner,  Miles  H. 

(W'd,  Darbytown  Road,  Oct.  27, 1864.) 

Flournoy,  John  J. 


Brooke,  T.  Vaiden 
Roberts,  R.  R. 

(Wounded  at  Fredericksburg,  Decem- 
ber 13,  1862,  and  on  Darbytown 
Road,  October  27,  1864.) 

Howard,  Edward  C. 

(Kil'd,  Spotsylvania  C.H.,  M'y  10,'64.) 


Guidon. 
Fourqurean,  Charles  B. 


Privates. 


Alsop,  Boswell 
Anderson,  Joseph  J. 

(Wounded,  Cbancel'sv'le,  May  2,  '64.) 

Andrews,  A.  J. 

(Wounded,  Gettysburg,  July  3, 1863.) 

Archer,  Alexander  B. 
Archer,  Burke 
Archer,  W.  S.  < 
Arents,  Frederick 
Arents,  George  A. 
Argyle,  Joseph  W. 


Armstead,  W.  M. 
Austin,  J.  M. 
Austin,  T.  H. 
Barksdale,  H.  W. 
Barksdale,  T.  W. 
Bass,  H.  O. 
Bass,  Robert  P. 
Benthall,  John 
Bernard,  D.  W. 
Blain,  Randolph  H. 


85 


Blanks,  G. 
Bohannan,  Joseph  T. 

(Kil'd,  Spotsylvania  C.H.,May  10,'64.) 

Boisseaux,  C.  C. 
Boisseaux,  T. 
Bowles,  A.  S. 
Breeden,  Haskins 
Breeden,  W.  J.,  Jr. 
Brent,  William  C. 
Brooks,  M.  G. 
Brooke,  Richard 
Brown,  Birley  R. 
(Killed,  Charlestown,Va.,Oct.  16,'64.) 

Bugg,  John  R. 
Bullington,  H.  C. 

(W'd,  Spotsylvania  C.  H.,  May  10,'64.) 
Burwell,  Daniel  S. 
Cardozo,  Charles  E. 
Cardozo,  Edward  S. 
Cardwell,  P.  H. 
Carlton,  George 

(Died  in  service.) 

Carr,  Dabney  J. 
Cassidy,  James  E. 

(Killed,  Charlestown,Va.,  0c.  16,  '62.) 

Casey,  J.  E. 
Casey,  J.  K. 

Chamberlain,  Richard  C. 
Chandler,  R.  C. 
Chastain,  James  B. 
Chew,  P.  H. 
Clarke,  Samuel  O. 
Cottrell,  J.  T. 
Courtney,  W.  B. 
Cox,  B.  H. 
Cropper,  George  T. 
Crump,  E.  M. 
Crump,  John  A. 
Cullen,  Edward  F. 

(Wou'd,  Frayzer's  Farm,  July  3,  '62.) 

Davis,  S.  H. 
Donnan,  David 
Eaton,  P. 
Echols,  J.  A. 
Ellett,  E.  J. 
Eskridge,  A.  P. 
Estell,  Harry 


Evans,  H.  Tate 
Fisher,  W.  H. 
Flournoy,  H.  W. 
Foster,  G.  M. 
Fourqurean,  J.  M. 

(W'd,  Spotsylvania  C.  H.,  May  10/64.) 

Fourqurean,  M.  H. 
French,  J.  H. 
Gambol,  R.  J. 
Gardner,  H.  D. 
Gardner,  Miles  H. 

(W'd,  Darbytown  Road,  Oct.  27,  '64.) 

Garrett,  Ashton 
Gildersleeve,  R.  B. 
Goode,  R.  B. 
Goode,  W.  E. 
Gordon,  Rev.  E.  C. 
Green,  W.  H. 
Green,  W.  W. 
Gretter,  F.  P. 
Gwinn,  W.  D. 

(Killed,  Darbytown  R'd,  Oct  27,  '64.) 

Hall,  Charles 
Hammond,  J.  Thomas 
Hardwicke,  J.  T. 
Harris,  J.  C. 
Harris,  J.  L. 
Hart,  George 
Herring,  C.  O. 
Herring,  W.  D. 
Hogg,  Thomas 
Houston,  Archer 
Houston,  John  W. 
Houston,  Rev.  M.  Hale 
Huffard,  D.  S. 
Hutchins,  I.  H.  Jr. 

(Died  in  prison.) 

Hutchinson,  J.  H. 
Jeter,  F.  A. 
Johnson,  George  E. 
Jones,  A.  O. 
Jones,  H.  R. 
Jones,  Henry 
Jones,  I.  L. 
Jones,  R.  W. 
Jones,  Rev.  E.  V. 


Jones,  T.  S. 
Jones,  W.  Roy 
Jones,  W.  T. 
Keesee,  J.  M. 
Keesee,  Thomas  O. 
Lorraine,  E.  C. 
Lyne,  W.  H. 
Layne,  George  T. 
Lear,  J.  S. 
Lear,  Rev,  W.  W. 
Levy,  D.  A. 
Lewis,  Lucien 
Liggan,  S.  H. 
Lindsay,  J.  H. 
Lyell,  George  J. 
Lynham,  John  A. 
Mahoney,  F.  J. 
Mahoney,  E.  N. 

(W'd,  New  Market,  Aug.  16, 1864.) 

Majors,  S.  C. 
Manders,  J.  M. 

(W'd,  Spotsylvania C.  H.,  May  10/64.) 

Manders,  John 
Mann,  Charles  W. 
Mann,  W.  M. 
Matthews,  W.  D. 

(Killed,  Fredericksburg/Jtec.  13,  '62.) 
Mayo,  T.  T. 
Mayo,  W.  C.  A. 

(W'd,  Spotsylvania  C.  H.,  May  18,  '64.) 

McCabe,  W.  Gordon 
Miller,  H.  J. 
Miller,  James 
Miller,  T.  M. 

(W'd,  Spotsylvania  C.  H.,  May  10, '64.) 

Minter,  R.  M. 

(Died  in  service.) 

Moore,  J.  B. 
Morgan,  I.  H. 
Morris,  E.  P. 

(W'd,  Spotsylvania  C.  H.,  May  10/64.) 

Morrison,  C.  R. 
Moseley,  S.  P. 
Moultrie,  James 
Nicholas,  R.  C. 

(Killed,  Fredericksburg,  Dec.  13,  '62.) 

Nicholas,  S.  S. 


O' Conner,  Pat 
Pagard,  Thaddeus 
Page,  Carter  B. 
Pairo,  Thomas  H. 
Parker,  George  F. 
Parkhill,  Charles 
Phillips,  Jacob 
Piet,  W.  A. 
Plume,  A.  H. 
Plume,  Henry 
Porter,  David  E. 
Porter,  G.  P. 

(Kil'd,  Spotsylvania  C.H.,  M'y  10/64.) 

Porter,  George  W. 
Porter,  P.  B. 

(W'd,  Spotsylvania  C.  H.,  May  10/64.) 

Porter,  W.  D. 
Powell,  J.  P. 
Price,  R.  Channing 
Priddy,  R.  C. 
Puller,  W.  B. 
Ratcliffe,  W.  P. 
Redd,  L.  W. 

(Kil'd,  Spotsylvania  C.H.,  M'y  10/64.) 

Roberts,  S.  M. 
Roberts,  W.  H. 

(W'd,  Spotsylvania  C.  H.,  May  10/64.} 

Roper,  George  R. 
Royall,  John  B. 
Rudolph,  Horace  W. 
Santos,  A.  F. 
Saunders,  W.  H. 
Sclater,  W.  M. 
Scott,  George  T. 
Scott,  P.  G. 
Seay,  A.  Booker 
Shepherd,  S.  C. 
Shepherd,  W.  G. 
Sizer,  John  T.,  Jr. 
Smith,  E.  H. 

(Kil'd,  Spotsylvania  C.H.,  M'y  10/64.) 

Smith,  George  A. 

(W'd,  Fredericksburg,  Dec.  13,  '62.) 

Smith,  James  H. 
Smith,  Rufus  G. 

(Died  in  service.) 


87 


Smith,  W.  B. 
Snead,  W.  G. 
Sublett,  C.  T. 
Sublett,  E.  H. 
Sublett,  J.  B. 
Sublett,  S.  F. 
Sublett,  W.  B. 
Sydnor,  R.  T. 
Taliaferro,  A.  F. 
Tate,  R.  H. 

(Killed,  Darbytown  R'd,  Oct.  27,  '64.) 

Taylor,  W. 
Taylor,  W.  H.  B. 
Thompson,  W.  G. 
Thornton,  H.  F. 
Tinsley,  John  B. 
Trice,  John  J. 
Tuck,  W.  T. 
Turner,  R.  G. 

Wood, 


Tyler,  E.  G. 
Vandeventer,  J. 
Venable,  A.  R. 
Venable,  McD.  R. 
Waddell,  J. 
Waddell,  J.  E. 
Wakeham,  Alfred 
Wakeham,  J.  E. 
Wakeham,  S.  A. 

(Kil'd,  Spotsylvania  C.H.,  M'y  10,'64.) 

Wakeham,  W. 
White,  R.  C. 
Whitlock,  Thomas 
Winfree,  Powhatan 
Winfree,  R. 
Winn,  E.  A. 
Winn,  John 
Winn,  W.  H. 

(Kil'd,  Spotsylvania  C.H.,  M'yl0,'64.) 

w.  c. 


ADDRESS 


BY 


Judge  George  L.  Christian. 


My  Friends  and  Comrades  : 

I  esteem  it  a  great  privilege  to  meet  and  to  greet  you 
around  this  board  to-night — this  night,  which  commemorates 
the  erection  of  our  beautiful  memorial  in  this  city,  and  which 
also  commemorates  the  anniversary  of  one  of  our  struggles  for 
Southern  independence  and  constitutional  liberty  on  the  victo- 
rious field  of  Fredericksburg.  It  is  doubtless  often  asked  by 
those  who  were  opposed  to  us  in  the  late  war,  and  by  those 
among  us  now  who  were  too  young  or  too  craven  to  take  part 
in  the  war,  Why  do  these  old  Confederate  soldiers,  whose 
efforts  are  generally  now  accounted  all  in  vain,  who  fought  for 
a  cause  known  now  as  the  "Lost  Cause,"  love  to  meet  and  cel- 
ebrate those  deeds,  which  brought  only  ruin  and  desolation  in 
their  train,  and  which  failed  so  signally  to  accomplish  what 
they  wished?  Is  it  natural,  they  doubtless  ask,  for  men  to 
love  to  celebrate  and  signalize  their  failures;  and  especially  so 
when  those  failures  were  accompanied  by  so  much  suffering  and 
sorrow?  Well,  my  comrades,  such  questions  as  these  never 
occur  to  us,  and  when  propounded  from  any  source  the 
answers  are  easy  to  us.  In  the  first  place,  our  friendships  were 
formed  in  the  very  throes  of  battle  and  cemented  with  our 
blood,  and  such  friendships  can  only  be  severed  by  the  hand 
of  death. 

Secondly,  we  knew  during  the  war,  and  have  learned  to 
know  better,  if  possible,  since,  that  the  cause  for  which  we 
fought  was  the  cause  of  right  and  justice^  and  we  know  the 


89 

muse  of  history  will  so  record  it  when  that  record  is  made  up 
by  any  impartial  hand.  We  know,  too,  my  comrades,  that  the 
impartial  historian  is  obliged  to  add  to  that  record  the  further 
fact,  that  the  struggle  we  made  in  that  cause  was  as  gallant  and 
as  glorious  as  any  ever  made  by  any  people  of  any  land  at  any 
time,  and  that  the  struggle  on  our  part  is  only  marked  by  hero- 
ism, patriotism,  and  devotion  to  duty..  With  the  knowledge 
of  these  things,  then,  as  you  and  I  know  them  to  be  true,  we 
love  to  think  and  talk  over  our  war  deeds — to  revive  those  mem- 
ories of  the  best  deeds  of  our  lives;  and  we  wish  to  teach  our 
children  and  our  children's  children  that  we  have  done  nothing 
of  which  we  or  they  should  be  ashamed;  but,  on  the  contrary, 
we  cherish  the  memories  of  that  struggle  as  a  priceless  herit- 
age, which  we  are  proud  to  transmit  to  our  posterity.  Did 
you  ever  see  a  brave  and  true  Confederate  soldier  who  was 
ashamed  of  that  fact  in  his  history  ?  I  never  did,  and  never 
expect  to.  Would  this  be  true  if  our  cause  was  an  unholy  or 
unjust  one,  or  if  the  struggle  we  made  in  that  cause  had  not 
been  one  of  which  any  people  might  be  proud  ?  To  ask  this 
question  is  to  furnish  its  answer.  In  the  brief  time  allotted 
me,  I  have  thought  I  could  not  employ  it  better  than  by  the 
reading  to  you  some  extracts  from  the  official  reports  of  some 
of  the  battles  in  which  we  took  part,  and  to  let  these  young 
Howitzers,  especially,  hear  what  some  of  the  commanding 
officers  had  to  say  of  some  of  the  deeds  performed  by  the  old 
Howitzer  Battalion  in  our  effort  to  preserve  the  inheritance 
bequeathed  to  us  by  our  fathers  of  the  Revolution ;  for  it  was 
this  inheritance,  and  in  the  defence  of  our  homes  and  firesides, 
and  nothing  more,  that  we  staked  our  lives  and  our  all. 
These  extracts  from  these  reports  are  what  lawyers  term  the 
"best  evidence"  of  what  we  did,  and  they  tell  their  own  story 
in  their  own  way.  They  were  not  written  by  the  ' '  invisible 
in  war  and  invincible  in  peace"  writers,  but  by  those  who 
were  "on  the  ground,"  who  saw  what  they  recorded  at  the 
time  the  deeds  were  performed,  and  by  those  who  were  the 
very  impersonation  of  truth  and  of  chivalry.  I  quote  as  fol- 
lows : 


90 

General  Magruder,  in  his  report  of  the  battle  of  Bethel,  says: 
"I  cannot  speak  too  highly  of  the  devotion  of  our  troops, 
all  of  whom  did  their  duty  nobly  ;  and  whilst  it  might  appear 
invidious  to  speak  particularly  of  any  regiment  or  corps  where 
all  behaved  so  well,  I  am  compelled  to  express  my  great  appre- 
ciation of  the  skill  and  gallantry  of  Major  Randolph  and  his 
Howitzer  Batteries." 

Col.  D.  H.  Hill,  in  his  report  of  the  same  battle,  says  : 
' '  I  cannot  close  this  too  elaborate  report  without  speaking 
in  the  highest  terms  of  admiration  of  the  Howitzer  Battery  and 
its  most  accomplished  commander,  Major  Randolph.  He  has 
no  superior  as  an  artillerist  in  any  country,  and  his  men  dis- 
played the  utmost  skill  and  coolness." 

General  Magruder,  in  speaking  of  the  conduct  of  his  little 
army  of  the  Peninsula,  which  held  at  bay  McClellan's  great 
army  for  so  long  at  Yorktown,  and  in  which  the  Howitzers 
bore  a  conspicuous  part,  says  : 

' '  From  April  the  4th  to  May  the  3d  this  army  served  almost 
without  relief  in  the  trenches.  Many  companies  of  artillery 
(the  Howitzers  among  them)  were  never  relieved  during  this 
period.  It  rained  almost  incessantly.  The  trenches  were 
filled  with  water,  the  weather  was  extremely  cold,  no  fires 
could  be  allowed,  the  artillery  and  infantry  of  the  enemy 
played  upon  our  men  almost  continuously  day  and  night,  the 
army  had  neither  coffee,  sugar,  nor  hard  bread,  but  subsisted 
on  flour  and  salt  meat,  and  that  in  reduced  quantities  ;  and 
yet  no  murmurs  were  heard.  *  *  *  I  have  never  seen, 
and  I  do  not  believe  there  has  ever  existed,  an  army  *  *' 
which  has  shown  itself  for  so  long  a  time  so  superior  to  all 
hardships  and  dangers.  The  best  drilled  regulars  the  world 
has  ever  seen  would  have  mutinied  under  a  continuous  service 
in  the  trenches  for  twenty-nine  days,  exposed  every  moment 
to  musketry  and  shells,  in  water  to  their  knees,  without  fire, 
sugar,  or  coffee,  without  stimulants,  and  with  an  inadequate 
supply  of  uncooked  flour  and  salt  meat.  I  speak  of  this  in 
honor  of  these  brave  men,  whose  patriotism  made  them  indif- 
ferent to  suffering,  disease,  danger,  and  death.     *     *     *     The 


91 

steadiness  and  heroism  of  the  officers  and  men  of  the  artillery 
of  the  Peninsula  (both  heavy  and  light)  were  very  conspicuous 
during  the  attack  on  April  5th,  and  throughout  the  siege  which 
followed.  The  high  state  of  efficiency  of  this  arm  of  the  ser- 
vice was  mainly  due  to  Colonel  Randolph,  the  chief  of  artillery 
on  my  staff,  who  applied  to  its  organization,  discipline,  and 
preparation  for  the  field,  the  resources  of  his  great  genius  and 
experience.  To  this  intrepid  officer  and  distinguished  citizen 
the  country  is  indebted  for  the  most  valuable  services,  from  the 
battle  of  Bethel,  where  his  artillery  principally  contributed  to 
the  success  of  the  day,  to  the  period  when  he  was  removed 
from  my  command  by  promotion.  He  was  ably  assisted  by 
Lieutenant-Colonels  Cabell  and  Brown,  of  the  same  corps." 

Col.  H.  C.  Cabell,  who  was  in  immediate  command  of  the 
artillery  during  the  siege  of  Yorktown,  says  : 

1 '  The  skill  and  efficiency  of  our  cannoneers  was  not  only 
attested  by  my  own  observation,  but  by  the  accounts  that  have 
been  published  in  the  Northern  papers.  I  ascribe  their  supe- 
rior efficiency  to  the  entire  calmness  and  cool  courage  of  our 
cannoneers  and  their  superior  intelligence.  They  had  but 
little  opportunity  for  practicing,  though  they  had  been  taught 
the  principles  and  science  of  firing.  Their  entire  self-posses- 
sion, united  with  courage,  intelligence,  and  patriotic  zeal, 
enabled  them  to  practice  the  best  rule  for  firing,  '  fire  with 
deliberate  promptitude,'  and  insured  their  success." 

Colonel  Brown,  in  his  report  of  the  first  battle  of  Fredericks- 
burg, says  : 

"About  12  o'clock,  by  order  of  Colonel  Crutchfield,  I  sent 
two  Parrott  rifles,  under  command  of  Lieutenant  Graham,  and 
two  similar  pieces  from  the  Third  Howitzers,  under  Lieutenant 
Utz,  to  report  to  Major  John  Pelham,  on  the  right  of  the  rail- 
road. Shortly  afterwards  I  was  ordered  to  send  to  the  same 
point  four  other  rifle  guns — viz.,  two  ten-pounder  Parrotts  and 
one  brass  rifle  from  the  Second  Howitzers,  and  one  three-inch 
rifle  from  Captain  Dance's  Battery — all  under  the  command  of 
Captain  Watson,  of  the  Second  Howitzers.  These  eight  guns 
were  actively  engaged,  and  suffered  severely  from  the  enemy's 


92 

artillery  and  sharpshooters.  I  have  to  lament  at  this  part  of 
the  field  the  loss  of  a  gallant  and  most  excellent  officer,  Lieu- 
tenant Utz,  commanding  the  Third  Howitzers.  I  cannot 
refrain  from  expressing  my  high  admiration  for  the  conduct  of 
the  officers  and  men  of  my  command  in  the  action  before 
Fredericksburg.  After  marching  all  of  the  previous  night 
they  came  upon  a  field  strewn  with  the  wrecks  of  other  bat- 
teries, and  behaved  in  a  manner  which  elicited  the  praise  of 
all  who  saw  them." 

In  his  report  of  the  same  battle,  and  in  which  all  three  of 
the  Howitzer  companies  bore  a  conspicuous  part,  General  Lee 
says  : 

"The  artillery  rendered  efficient  service  on  every  part  of 
the  field,  and  greatly  assisted  in  the  defeat  of  the  enemy. 
The  batteries  were  exposed  to  an  unusually  heavy  fire  of  artil- 
lery and  infantry,  which  officers  and  men  sustained  with  a 
coolness  and  courage  worthy  of  the  highest  praise." 

General  Lee,  in  his  report  of  the  battle  of  Chancellorsville, 
also  says: 

' '  To  the  skilful  and  efficient  management  of  the  artillery 
the  successful  issue  of  the  contest  is  in  a  great  measure 
due.  The  ground  was  not  favorable  for  its  employment,  but 
every  suitable  position  was  taken  with  alacrity,  and  the  opera- 
tions of  the  infantry  supported  and  assisted  with  a  spirit  and 
courage  not  second  to  their  own.  It  bore  a  prominent  part 
in  the  final  assault,  which  ended  in  driving  the  enemy  from  the 
field  of  Chancellorsville,  silencing  his  batteries,  and,  by  a  de- 
structive enfilade  fire  upon  his  works,  opened  the  way  for  the 
advance  of  our  troops.  Colonels  Crutchfield,  Alexander,  and 
Walker,  and  Lieutenant-Colonels  Brown,  Carter,  and  An- 
drews, with  the  officers  and  men  of  their  commands,  are  num- 
bered as  deserving  especial  commendation." 

In  Colonel  Brown's  report  of  the  battle  of  Gettysburg,  he 
says  : 

"In  this  engagement,  as  in  the  one  at  Winchester,  the 
officers  and  men  (of  his  battalion)  behaved  with  the  greatest 


93 

gallantry,  fully  sustaining  the  high  character  which  they  had 
previously  borne." 

Colonel  Cabell,  in  his  report  of  the  same  battle,  says: 
1 '  I  have  not  the  language  to  express  my  admiration  of  the 
coolness  and  courage  displayed  by  the  officers  and  men  on  the 
field  of  this  great  battle.  Their  acts  speak  for  them.  In  the 
successive  skirmishes  in  which  a  portion  of  the  battalion  was 
engaged,  and  when  placed  in  the  line  of  battle  near  Hagers- 
town,  their  cool  courage  and  energy  was  above  praise.  *  *  *■ 
Passing  over  muddy  roads,  exposed  to  rain  nearly  every  day, 
they  bore  the  difficulties  of  the  march  without  a  murmur  of 
dissatisfaction.  All  seemed  engaged  in  a  cause  which  made 
privation,  endurance,  and  any  sacrifice  a  labor  of  love." 

General  Rodes,  in  his  report  of  the  battle  of  Hagerstown, 
says: 

"Here  during  the  13th,  14th,  and  15th  July,  battle  was 
again  (and  eagerly  by  my  division)  offered  to  the  enemy. 
During  these  three  days  my  division  occupied  the  extreme 
left  of  the  line  of  battle.  Nothing  of  importance  occurred 
here,  excepting  a  brisk  attack  of  the  enemy's  skirmishers 
(after  being  reinforced)  and  his  cavalry  upon  Ramseur's  sharp- 
shooters. This  attack  was  made  late  on  the  afternoon  of  July 
14th,  after  the  withdrawal  of  nearly  all  the  artillery  and  all  the 
main  line  of  infantry.  The  enemy  had  unquestionably  dis- 
covered this  movement.  His  advance  was  so  firmly  and  gal- 
lantly met  by  Ramseur's  men  and  the  Second  Richmond 
Howitzers  (Captain  David  Watson),  that  he  fell  back  with  the 
loss  of  many  killed  and  wounded  and  about  twenty  of  the 
cavalry  captured." 

General  Long,  in  his  report  of  the  operations  of  the  artillery 
of  the  Second  Corps  from  October  8,  1863,  to  January  30,  1864, 
in  which  the  second  and  third  companies  of  Howitzers  bore  a 
prominent  part,  says: 

"Before  closing  my  report,  I  am  particularly  desirous  of 
expressing  my  gratification  at  the  soldierly  qualities  displayed 
by  the  officers  and  men  of  my  command.     I  ever  found  them 


94 

obedient,  active,  and  energetic,  and  enthusiastically  anxious 
to  meet  the  enemy. ' ' 

He  then  pays  especially  high  compliments  to  Colonel 
Brown,  Colonel  Cutshaw,  Major  Hardaway,  and  Lieut.  S.  V. 
Southall. 

General  Pendleton,  in  his  report  of  the  battles  of  the  Wilder- 
ness and  Spotsylvania  Courthouse,  referring  especially  to  the 
action  of  May  10,  1864,  says  : 

' '  In  the  afternoon  the  enemy,  having  massed  a  large  force 
in  front  of  the  Second  Corps,  left  centre,  under  cover  of  a  pine 
thicket,  made  a  sudden  attack  upon  Dole's  Brigade,  which, 
having  no  skirmishers  out  in  consequence  of  the  close  proximity 
of  the  lines,  was  taken  entirely  by  surprise.  The  brigade  gave 
way  for  a  season  and  the  enemy  entered  our  works  and  cap- 
tured Smith's  Battery  (Third  Howitzers),  of  Hardaway' s  Bat- 
talion. Our  infantry,  being  soon  rallied  and  reinforced, 
repulsed  the  enemy,  with  considerable  loss,  and  recovered  the 
guns.  The  captain  had  fought  his  battery  until  he  was  actually 
seized  by  soldiers  from  the  enemy's  ranks,  and  some  of  his 
men  were  carried  off  by  the  retreating  foe  and  not  recovered. 
On  this  occasion  Hardaway' s  guns  alone  were  engaged,  and 
were  exceedingly  well  served.  Two  of  Cutshaw' s  batteries 
were  hastened  up  for  the  crisis  and  put  in  position  to  command 
the  broken  line. "  ■     *  *  *  *  *  * 

Major  David  Watson  (formerly  captain  of  Second  How- 
itzers), second  in  command  of  Hardaway' s  Battalion,  an  accom- 
plished gentleman,  faithful  patriot,  and  gallant  soldier,  fell  at 
his  post  during  this  attack.  Lieutenant-Colonel  Hardaway 
was  also  wounded — only  slightly,  however,  though  his  clothes 
were  riddled  with  bullets.     He  did  not  leave  the  field. 

In  speaking  of  the  action  of  May  12,  1864,  in  which  the 
Howitzers  also  bore  a  conspicuous  part,  General  Pendleton 
says : 

' '  Hardaway' s  Battalion  was  moved  forward  and  posted  to 
command  the  rear  of  the  salient  (the  bloody  angle),  Captain 
Dance  in  command,  Lieutenant-Colonel  Hardaway  having 
been  wounded  in  the  act  of  advancing  to  the  front.     Colonel 


95 

Cabell  also  came  up  from  the  left  with  four  of  his  guns  and  took 
position  on  the  left  of  Dance's.  These  guns  were  brought  up 
and  used  with  admirable  steadiness  under  a  severe  fire.  *  *  * 
On  the  left,  from  early  dawn,  column  after  column  of  the 
enemy,  as  it  came  up  to  assault,  was  shivered  by  the  tremen- 
dous destructiveness  of  missiles  hurled  upon  them  at  close 
range  from  our  guns. ' ' 

In  speaking  of  the  engagement  on  the  18th,  he  says  : 

"On  the  morning  of  the  18th  the  enemy  again  attempted  to 
carry  the  line  still  held  by  the  Second  Corps  near  the  scene  of 
the  former  conflict.  This  time,  however,  he  met  guns  in  posi- 
tion ready  to  receive  him.  His  heavy  force  was  allowed  to 
get  within  good  range  of  the  breastworks.  There  the  guns 
under  Colonel  Carter  (Harda way's  Battalion  and  Page's  reor- 
ganized) opened  upon  him  a  murderous  fire  of  spherical  case 
and  canister,  which  at  once  arrested  his  advance,  threw  his 
columns  into  confusion,  and  forced  him  to  retreat  in  good 
order.  Heavily  as  he  suffered  on  this  occasion,  our  loss  was 
nothing;  and  this  was  accomplished  against  a  force  of  twelve 
thousand  picked  infantry  by  twenty-nine  pieces  of  artillery 
alone  but  well  handled." 

General  Ewell  gives  substantially  the  same  account  in  his 
report  of  this  engagement. 

The  foregoing  is  only  a  sample  of  what  the  reports  of  the 
different  battles  in  which  the  Howitzer  Battalion,  or  parts  of 
it,  were  engaged  at  different  periods  of  the  war,  which  show 
the  character  of  the  services  rendered  by  this  command  in  the 
struggle  of  the  South  for  right  and  freedom.  They  are  only 
what  I  had  the  time  to  gather  up  in  the  two  hours  which  I  had 
to  devote  to  that  which  to  me  would  have  been  a  very  * l  labor 
of  love  "  indeed.  In  this  enumeration,  as  you  will  see,  I  have 
omitted  entirely  the  names  of  the  victorious  fields  of  Williams- 
burg, Seven  Pines,  Cold  Harbor,  Richmond,  Gaines'  Mill, 
Malvern  Hill,  Manassas,  Leesburg,  Sharpsburg,  Morton's 
Ford,  Charlestown,  North  Anna,  Petersburg,  and  many  others 
which  have  witnessed  the  deeds  of  one  or  all  of  these  old  vete- 
ran companies,  and  to  recount  which  would  be  worthy  of  any 


96 

tongue  or  pen  that  could  be  employed,  and  which  deeds  will 
be  sung  in  song  and  in  story  when  you  and  I  have  passed 
away,  and  when  our  children  shall  take  up  the  strain  where 
we  leave  it  off.  Carlisle  says,  ' '  Universal  history  is  nothing 
but  the  record  of  the  individual  men  who  made  that  history ' '  ; 
and  so  I  say  to  you,  my  old  comrades,  that  the  history  of 
the  fame  of  the  Army  of  Northern  Virginia  is  nothing  but  the 
record  of  the  splendid  deeds  of  valor  and  devotion  to  duty  of 
the  individual  soldiers  who  composed  that  grand  army  ;  and  so 
you  and  I,  and  every  old  Howitzer  and  soldier  who  did  his 
duty  in  that  army,  is  entitled  to  share  both  in  its  glory  and  in  the 
fame  of  its  incomparable  leaders,  which  has  gone  ' '  echoing 
around  the  world." 

The  heroic  names  of  Randolph,  Brown,  Watson,  Moseley, 
McCarthy,  Stanard,  Jones,  Utz,  Garnett,  Morton,  Pendleton, 
Maupin,  Charles,  Burley  Brown,  and  a  host  of  others  I  could 
mention,  whose  names  and  deeds  we  are  not  willing  to  let  die, 
and  to  commemorate  whose  virtues  we  have  erected  our  memo- 
rial to-day,  will  grow  brighter  and  brighter  on  the  roll  of  fame 
of  the  heroes  of  our  Southland  when  you  and  I  shall  be  dead 
and  forgotten ;  and  the  reason  for  this  will  be  found  in  the  fact 
that  these  men  "  died  for  their  State,"  and  for  what  they  knew 
then,  and  what  you  and  I  know  now,  was  the  Right. 

"  Eternal  right,  though  all  else  fail, 
Can  never  be  made  wrong." 

The  old  Howitzer,  then,  who  served  his  gun  well  in  the 
Confederate  army,  served  his  country  faithfully  at  the  same 
time,  and  deserves  well  now  at  the  hands  of  his  countrymen. 
The  cause  for  which  we  fought  is  not  a  "lost  cause,"  but  is 
to-day  the  only  foundation  on  which  constitutional  liberty  and 
the  right  of  local  self-government  exists  in  this  country,  and 
the  day  is  not  far  distant  when  this  will  be  recognized  as  true 
by  every  impartial  writer  or  thinker. 

But  these  old  Howitzers  did  not  stop  their  services  to  their 
country  when  they  grounded  their  well-worn  and  well-served 
arms  on  the  fatal  field  of  Appomattox;  they  returned  from 


97 

that  field  to  find  the  prosperous  and  peaceful  homes  from  which 
they  had  enlisted  four  years  before,  a  very  picture  of  desola- 
tion, devastation,  ruin,  and  almost  of  despair. 

"  Where  my  home  was  glad  were  ashes, 
For  horror  and  shame  had  been  there." 

■*  *  *  *  * 

Yes,  my  comrades,  literally — 

"  We  have  seen  from  the  smoking  village 

The  mothers  and  daughters  fly ; 
We  have  seen  where  the  little  children 

Sank  down  in  the  furrows  to  die. 
From  the  far-off  conquered  cities 

Came  the  voice  of  stifled  wail, 
And  the  mourns  and  shrieks  of  the  houseless 

Rang  out  like  a  dirge  on  the  gale." 

So  that,  whilst  our  surrender  almost  broke  our  hearts,  this 
was  but  the  ' '  beginning  of  our  sorrows. ' '  So  sorely  did  we 
find  our  land  and  our  people,  and  all  that  was  dear  to  us, 
stricken  and  smitten  by  the  hand  of  the  invader,  who  was  not 
content  to  war  against  our  armies,  but  "  with  fire  and  sword  " 
warred  against  our  homes,  and  our  women  and  children,  too. 
Nor  was  this  all.  We  went  forth  to  defend  sovereign  States  ; 
we  returned  to  find  these  States  held  and  treated  by  the  victors 
as  conquered  provinces.  Instead  of  dear  old  Virginia,  we 
found  in  its  stead  ''Military  District,  No.  1,"  over  which  ruled 
for  a  time,  successively,  an  Ord,  a  Canby,  a  Terry,  a  Stone- 
man,  and  a  Schofield.  If  we  had  not  been  used  to  meeting 
and  overcoming  seeming  impossibilities  for  four  years,  would 
not  our  hearts  have  sunk  into  irretrievable  despair  as  we  viewed 
this  condition  of  affairs — this  land  that  we  loved  so  dearly, 
and  all  our  dear  people,  and  institutions,  trampled  under  the 
iron  heel  of  military  power,  and  the  country  swarming  with 
the  "vilest  vermin"  in  the  shape  of  the  camp-follower,  the 
"carpet-bagger,"  the  "scalawag,"  et  id  omne  genus,  that 
ever  gathered  outside  of  the  regions  of  the  infernal  ?  Literally, 
chaos  had    "come   aerain  "     nd     there  was   no   heart   brave 


98 

enough,  and  no  hand  strong  enough,  to  bring  order  out  of  this 
chaos  but  that  of  the  old  Confederate  soldier.  He  saw  the 
great  task  before  him,  and  with  the  aid  of  Providence,  with  the 
help  of  the  purest,  the  best,  the  bravest,  and  the  sweetest 
women  in  this  world,  and  with  their  smiles  and  benedictions  to 
cheer  him,  this  old  Confederate  has  reconverted  these  military 
districts  into  States  again,  after  the  "form  and  fashion"  of 
their  fathers,  and  as  the  "Solid  South"  they  form  the  hope 
and  mainstay  of  constitutional  liberty  in  this  country  to-day. 
Not  only  this,  but  the  camp-follower,  the  ■ '  carpet-bagger, ' ' 
and  "scalawag"  are  no  more,  and  to-day  the  "model  com- 
munities ' '  of  this  continent,  those  in  which  Christianity  and  all 
of  those  virtues  which  it  inculcates  prevails  to  the  highest 
degree,  are  to  be  found  in  this  Southland  of  ours.  'Tis  true 
we  are  not  rich  like  our  brethren  of  the  North,  but  we  are 
developing  in  material  prosperity  year  by  year ;  and  there  are 
some  things,  thank  God,  which  we  prize  more  than  money,  for 
we  recognize  the  truth  that — 

"  111  fares  the  land,  to  hastening  ills  a  prey, 
Where  wealth  accumulates  and  men  decay." 

In  this  work  both  of  the  moral  and  material  development 
of  our  land,  the  old  Howitzer  has  been  no  laggard.  We  have 
only  to  look  over  this  city  and  State  to  see  them  in  the  fore- 
front of  every  walk  and  profession  in  life,  and  it  is  no  arro- 
gance to  say  that  they  are  regarded  among  those  who  consti- 
tute the  bulwarks  of  society  and  safety  in  the  country. 


W.  A.  BARRETT.  W.  M.  KEESEE. 


BARRETT  5  KEESEE 


Machine  Works. 


Fine  Work  and  Repairs  a  Specialty. 


t^^>^'   Mim^'n 


Eleventh  St.,  bet.  Main  and  Gary, 


RICHMOND,    VIRGINIA. 


ORGANIZED  MS3S. 


Assets,     :    :    $650,000. 

VIRGINIA  FIREl  MARINE 


n*"*«w*«*«<i«!««www« 


Insurance  Conf\par\y? 

OF  RICHMOND* 

Home  Office,        :-:       1016  Main  Street. 


This  old  Virginia  institution  issues  a  short  and  comprehensive  Policy, 

free  of  petty  restrictions,  and  liberal  in  its 

terms  and  conditions. 


INSURES  AGAINST  FIRE  AND  LIGHTNING. 


All  Descriptions  of  Property  in  Country  and  Town, 

Private  or  Public,  Insured  at  Fair  Rates, 

on  Accommodating  Terms. 


Agencies  in  Every  Town  and  County. 


WM.  H.  PALMER,  President.  W.  H.  MCCARTHY,  Secretary. 

S.  McG.  FISHER,  Ass't  Secretary. 


Foni'qui'ean,  price  \  Co. 


319  and  321  E.  Broad  Street, 
RICHMOND,     -     VIRGINIA, 


Special  Bargains  in  Black  Goods  and  Domestics. 

Choice  and  Beautiful  New  Laces  and  Embroideries. 

Immense  Stock  of  Cloaks  and  Wraps  of  all  Descriptions  and  Prices. 

Cloths,  Cassimeres,  and  Notions  in  Full  Assortment. 


-£!•  Xa^est  jHovelties  of  the  Season.  •& 


FULL  RANGES  OF  THE  FINEST  GOODS  IN 

SILKS,  VELVETS,  FANCY  AND  STAPLE  DRESS  GOODS 
TRIMMINGS,  HOSIERY  AND  UNDERWEAR. 


RGENTS     FOR      BUTTERICK     PATTERNS 


OLD  DOMINION 

Building  and  Loan  Association. 

Authorized  Capital,     -     $20,000,000 
Subscribed  Capital,     -  3,600,000 

Cash  Capital,    -     -     -  800,000 

2sTo.  1115  33.  ZMZjkiisr  Stbeet, 

RICHMOND,  VA. 


LENDS  MONEY  ON  REAL  ESTATE  ON  ACCOMMODATING 

TERMS,  AND  PERMITS  SMALL  MONTHLY 

PAYMENTS  ON  LOANS. 


THE  BEST  AGENCY  KNOWN  FOR  THE 

PROFITABLE  INVESTMENT 

OF 

SMALL  SAVINGS. 


Considering  the  safety  of  the  Investment,  there  is  nothing 

which  pays  so  well  as  Building  Fund  Stock. 

Correspondence  solicited. 


Shares,  $100  Each, 

payable  in  instalments  of  60  cents  per  share  per  month, 
or  paid  up  in  full  for  Investors,  $50  net,  per  share. 


DIRECTORS  : 

J.  TAYLOR  ELLYSON,  President ; 
Norman  V.  Randolph,  John  B.  Purcell, 

John  S.  Ellett,        '  F.  T.  Sutton. 

CARLTON  MCCARTHY, 

Sec'y  and  Treas'r,  Box  408. 


1 1 .  zcx*4?  ,o%4.o  fxbf.t